Legal Opinion

Frischberg v. Hurter

Massachusetts Supreme Judicial Court

Decided March 2, 1899PublishedCited by 17 opinions

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.

Read the full summary

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

  1. Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
  2. Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
  3. Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
  4. Leonard v. StorerMassachusetts Supreme Judicial Court · 1874
  5. Caldwell v. SladeMassachusetts Supreme Judicial Court · 1892

3Cited by17 opinions

  1. Maloney v. HayesMassachusetts Supreme Judicial Court · 1910
  2. Coman v. AllesMassachusetts Supreme Judicial Court · 1908
  3. Salt Lake City v. SchubachUtah Supreme Court · 1945
  4. Hill v. HayesMassachusetts Supreme Judicial Court · 1908
  5. Hill v. NortonWest Virginia Supreme Court · 1914

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API