Shepard v. Creamer
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while a traveller on the highway, by the fall of snow and ice from the roof of an abutting building owned by the defendant. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff, while a traveller on the highway, by the fall of snow and ice from the roof of an abutting building owned by the defendant. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. The plaintiff received the injuries complained of while walking on the sidewalk on Essex Street, in the city of Salem, at about half-past two o’clock in the afternoon of March 8, 1890. The building from which the snow fell was situated at the corner of Essex Street and Washington Square, and was about…
1Opinion of the CourtMorton, J.
The exception to the instruction to the jury cannot be sustained. If the ground of liability is negligence, as the defendant contends it is, then it was negligence to maintain a building so near the street and so constructed that, in the ordinary course of things, snow or ice was liable to fall from the roof upon travellers on the adjoining highway. Shipley v. Fifty Associates, 106 Mass. 194. Smethurst v. Barton Square Church, 148 Mass. 261. If the defendant was bound at his peril to prevent snow and ice from falling from the roof upon those lawfully on the adjoining highway, then the…
2Cases cited6 opinions
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
- Odd Fellows Hall Ass'n v. McAllisterMassachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Animal Rescue League v. Assessors of BourneMassachusetts Supreme Judicial Court · 1941
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
- Hordern v. . Salvation ArmyNew York Court of Appeals · 1910
26 more not listed; retrieve them via the Exa API.