Stagnaro v. Fitzgerald
Massachusetts Supreme Judicial Court
Two actions of tort, the first by a married woman for personal injuries sustained by her on January 22, 1912, by reason, of a defective stairway in a house alleged to be owned and controlled by the defendant, in which the plaintiffs occupied a tenement and used the stairway in common with other tenants, and the second action by the husband of the plaintiff in the first action for expenses incurred by reason of her injuries.
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Two actions of tort, the first by a married woman for personal injuries sustained by her on January 22, 1912, by reason, of a defective stairway in a house alleged to be owned and controlled by the defendant, in which the plaintiffs occupied a tenement and used the stairway in common with other tenants, and the second action by the husband of the plaintiff in the first action for expenses incurred by reason of her injuries. Writs dated April 13, 1912. In the Superior Court the cases were tried together before Lawton, J. The evidence is described in the opinion. At the close of the evidence…
1Opinion of the CourtPierce, J.
There was evidence from which the jury could find that the defendant, as owner of the premises, had possession .and control of the stairway. As the owner in control it was his ■duty to use reasonable care to keep it in as safe condition for its intended use as it was, or appeared to be, when the male plaintiff became a tenant. Ward v. Blouin, 210 Mass. 140. Domenicis v. Fleisher, 195 Mass. 281.
There was evidence that it was not in as good condition at the time of the injury as when the plaintiffs first moved in; that the defendant’s attention had been called to the alleged “unsafe and…
2Cases cited2 opinions
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- Ward v. BlouinMassachusetts Supreme Judicial Court · 1911
3Cited by1 opinion
- Oles v. DubinskyMassachusetts Supreme Judicial Court · 1918