Follins v. Dill
Massachusetts Supreme Judicial Court
Tout by the administrator of the estate of Richard I. Follins against the owner of the building numbered from 19 to 25 inclusive on Eliot Street in Boston for the death and conscious suffering of the plaintiff’s intestate caused by falling down an elevator well in the defendant’s building on November 2, 1911, the declaration containing a count for each of these causes of action. In the Superior Court the case was tried before Lawton, J. The jury took a view of the premises.
Read the full summary
Tout by the administrator of the estate of Richard I. Follins against the owner of the building numbered from 19 to 25 inclusive on Eliot Street in Boston for the death and conscious suffering of the plaintiff’s intestate caused by falling down an elevator well in the defendant’s building on November 2, 1911, the declaration containing a count for each of these causes of action. In the Superior Court the case was tried before Lawton, J. The jury took a view of the premises. The facts which could have been found upon the evidence are stated in the opinion. At the close of the evidence the…
1Opinion of the CourtRugg, C. J.
The plaintiff’s intestate received mortal injuries by walking into a dark place where he supposed was an elevator, but which in fact was an elevator well. A crucial question is whether the plaintiff’s intestate had a right to use the elevator at the time. Whether he had that right depends in turn upon the right of one Aronson, a tenant of the defendant. The plaintiff’s intestate had no greater right than Aronson, by whose invitation or permission he came upon the premises to take away paper stock. Expecting to get such freight from Aronson’s premises, he had ridden up in the elevator with a…
2Cases cited16 opinions
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Galvin v. BealsMassachusetts Supreme Judicial Court · 1905
- Thomas v. BarnesMassachusetts Supreme Judicial Court · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Clarke v. AmesMassachusetts Supreme Judicial Court · 1929
- Laskowski v. ManningMassachusetts Supreme Judicial Court · 1950
- Cushing v. JollesMassachusetts Supreme Judicial Court · 1935
- McCarthy v. Isenberg Bros.Massachusetts Supreme Judicial Court · 1947
- Peirce v. HunnewellMassachusetts Supreme Judicial Court · 1934
11 more not listed; retrieve them via the Exa API.