Dalton v. Great Atlantic & Pacific Tea Co.
Massachusetts Supreme Judicial Court
1Opinion of the CourtJenney, J.
The plaintiff, while travelling on the sidewalk of a public way in that part of Boston known as Neponset, came in violent contact with an iron bar of a movable awning owned and maintained by the defendant, a tenant of a store adjoining the street. No question is raised as to the plaintiff’s due care. The injury was received on June 18, 1918, shortly before 10 p.m. (daylight saving time).
The evidence warranted the jury in finding as follows: Iron rods projected horizontally over the sidewalk and one of them for some time had been bent downward about six inches in the centre. Where the rod was…
2Cases cited27 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
22 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Zezuski v. Jenny Manufacturing Co.Massachusetts Supreme Judicial Court · 1973
- Gordon v. BedardMassachusetts Supreme Judicial Court · 1929
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Farley v. Edward E. Tower Co.Massachusetts Supreme Judicial Court · 1930
- Milbury v. Turner Centre SystemMassachusetts Supreme Judicial Court · 1931
24 more not listed; retrieve them via the Exa API.