Legal Opinion

Watkins v. Goodall

Massachusetts Supreme Judicial Court

Decided February 27, 1885PublishedCited by 51 opinions

Tort for personal injuries occasioned to the plaintiff by falling upon ice accumulated on an uncovered piazza and steps belonging to the defendant.

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Tort for personal injuries occasioned to the plaintiff by falling upon ice accumulated on an uncovered piazza and steps belonging to the defendant. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The defendant admitted that he was the owner of a certain block of five tenements in Holyoke, two stories in height, all occupied, and one of which was, at the time of the accident, January 13, 1883, and had been for about three years previously, occupied by the plaintiff, with her husband and family, as tenants at…

1Opinion of the CourtW. Allen, J.

The defendant, having let to different tenants the five tenements with a common passageway, was bound to keep the passageway in repair. Looney v. McLean, 129 Mass. 33. But the duty to repair did not include the removal of snow or ice which might accumulate on the passageway, and render the use of it difficult or dangerous. Woods v. Naumkeag Steam Cotton Co. 134 Mass. 357. There is no evidence to sustain the allegation of a breach of the defendant’s duty as landlord to keep the passageway in repair.

The defendant also owed the duty to his tenants who used the passageway under the contract of…

2Cases cited2 opinions

  1. Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
  2. Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883

3Cited by51 opinions

  1. Reardon v. ShimelmanSupreme Court of Connecticut · 1925
  2. Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
  3. Papadopoulos v. Target CorporationMassachusetts Supreme Judicial Court · 2010
  4. Willcox v. HinesTennessee Supreme Court · 1898
  5. Lindsey v. LeightonMassachusetts Supreme Judicial Court · 1889

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