Morris v. Whipple
Massachusetts Supreme Judicial Court
Tort for injuries from stumbling over a carpet temporarily placed by the defendants across the sidewalk at the Tremont Street ladies’ entrance of the Hotel Touraine in Boston. Writ dated July 18, 1898. At the trial in the Superior Court Sherman, J. refused to rule that upon all the evidence the plaintiff could not recover, and submitted the case to the jury. The jury returned a verdict for the plaintiff in the sum of $2,000; and the defendants alleged exceptions.
1Opinion of the CourtBralby, J.
The defendants asked for a ruling that upon all the evidence in the case the plaintiff was not entitled to recover, and their principal contention is that there was no evidence for the jury tending to show any negligence on their part whereby the plaintiff was injured.
While the defendants as lessees and occupants of their premises might temporarily occupy so much of Boylston Street as adjoined their estate if such occupation by them was connected with its use as a way, this right was not exclusive, but subject at all times to the easement of the public therein. As between them and travellers…
2Cases cited4 opinions
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
- Judd v. FargoMassachusetts Supreme Judicial Court · 1871
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
- Gargan v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
3Cited by11 opinions
- Douglas v. WhittakerMassachusetts Supreme Judicial Court · 1949
- Smith v. Locke Coal Co.Massachusetts Supreme Judicial Court · 1929
- Hathaway v. Chandler & Co.Massachusetts Supreme Judicial Court · 1918
- McGrath v. American Express Co.Massachusetts Supreme Judicial Court · 1914
- Blackmer v. ToohilMassachusetts Supreme Judicial Court · 1961
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