Minor v. Sharon
Massachusetts Supreme Judicial Court
Actions oe tort, which, by consent, were tried together in the Superior Court, before Dewey, J. The declaration in the first action contained five counts.
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Actions oe tort, which, by consent, were tried together in the Superior Court, before Dewey, J. The declaration in the first action contained five counts. The fifth, which is sufficient to show the cause of action, was as fol« lows: “ The plaintiff says the defendant let to him a tenement in which to reside, in which the defendant knew had occurred cases of the small-pox, and that the same was tainted with the said disease, and was dangerous, and the defendant was bound to inform the plaintiff of the same, so that precautions might be taken, and to take himself reasonable precaution against…
1Opinion of the Court
■Morton, J.
It must be assumed that the jury found, under the instructions given them, that the defendant, being the owner of a tenement, knowing that it was so infected by the small-pox as to be unfit for occupation and to endanger the health and lives of the occupants, and concealing this knowledge from the plaintiff to induce him to hire it, leased it to the plaintiff; that the plaintiff and his children took the disease by reason of the infection of the tenement; that the plaintiff was ignorant of its dangerous condition, and that no negligence of his contributed to their taking the…
2Cases cited2 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- French v. ViningMassachusetts Supreme Judicial Court · 1869
3Cited by52 opinions
- Berner v. CaldwellSupreme Court of Alabama · 1989
- Meany v. MeanySupreme Court of Louisiana · 1994
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
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