Coman v. Alles
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff by reason of a mass of snow and ice falling upon her from premises of the defendant while she was walking on Hancock Street in Boston, it being alleged that the mass fell from under a roof gutter and from the. upper portion of the conductor running from the gutter, it having formed there because of a faulty construction of the conductor.
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Tort for personal injuries received by the plaintiff by reason of a mass of snow and ice falling upon her from premises of the defendant while she was walking on Hancock Street in Boston, it being alleged that the mass fell from under a roof gutter and from the. upper portion of the conductor running from the gutter, it having formed there because of a faulty construction of the conductor. Writ in the Superior Court for the. county of Suffolk dated February 19, 1904. There was a trial before Richardson, J., and, it appearing, while the plaintiff’s evidence was being introduced, that the…
1Opinion of the CourtSheldon, J.
There is no doubt of the general proposition that one who does an unlawful act is liable in damages to any one who sustains personal injuries or other special and peculiar damages therefrom. Moeckel v. Cross & Co. 190 Mass. 280. Kirby v. Boylston Market Association, 14 Gray, 249, 251. It is for this reason that one who so constructs or maintains a structure upon his own premises as to cause an artificial discharge or accumulation of water upon a travelled way, so as by its freezing from natural causes to make the use of the way dangerous, may be held to answer to any one who, being rightfully…
2Cases cited18 opinions
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- Glynn v. Central RailroadMassachusetts Supreme Judicial Court · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- MacDonald v. AdamianMassachusetts Supreme Judicial Court · 1936
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Laskowski v. ManningMassachusetts Supreme Judicial Court · 1950
19 more not listed; retrieve them via the Exa API.