Frischberg v. Hurter
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, on July 12, 1897, by falling into a coal-hole in the sidewalk in front of a house on Windsor Street, in Boston. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. It was agreed that the house belonged to the defendant, and that she let the same to Julia Bedmund, to be occupiéd as a boarding and lodging house.
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Tort, for personal injuries occasioned to the plaintiff, on July 12, 1897, by falling into a coal-hole in the sidewalk in front of a house on Windsor Street, in Boston. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. It was agreed that the house belonged to the defendant, and that she let the same to Julia Bedmund, to be occupiéd as a boarding and lodging house. Bedmund testified that she hired the house of the defendant as a tenant at will, paying her rent once in two weeks; that she moved on to the premises about June 4,1897; that…
1Opinion of the CourtMorton, J.
At the time of the accident the premises were in the occupation of a tenant to whom the defendant had let them. The general rule is that, under such circumstances, the landlord is not liable to strangers for injuries caused by a defect or want of repair in the premises, unless he has agreed to make repairs, or *25the defect or want of repair existed at the time of letting, and was of such a character as to constitute a nuisance, or make the premises permanently dangerous. See Leonard v. Storer, 115 Mass. 86; Mellen v. Morrill, 126 Mass. 545; Dalay v. Savage, 145 Mass. 38; Clifford v. Atlantic…
2Cases cited5 opinions
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
- Leonard v. StorerMassachusetts Supreme Judicial Court · 1874
- Caldwell v. SladeMassachusetts Supreme Judicial Court · 1892
3Cited by17 opinions
- Maloney v. HayesMassachusetts Supreme Judicial Court · 1910
- Coman v. AllesMassachusetts Supreme Judicial Court · 1908
- Salt Lake City v. SchubachUtah Supreme Court · 1945
- Hill v. HayesMassachusetts Supreme Judicial Court · 1908
- Hill v. NortonWest Virginia Supreme Court · 1914
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