Dewire v. Bailey
Massachusetts Supreme Judicial Court
Tort for injuries received by the plaintiff while in the act of leaving the defendant’s premises. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: The plaintiff had attended in the evening an entertainment (for which he had paid an entrance fee) held in the defendant’s hall. The hall was let by the defendant, to the persons who gave the entertainment, for the evening.
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Tort for injuries received by the plaintiff while in the act of leaving the defendant’s premises. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: The plaintiff had attended in the evening an entertainment (for which he had paid an entrance fee) held in the defendant’s hall. The hall was let by the defendant, to the persons who gave the entertainment, for the evening. The plaintiff contended that, as he was stepping from the entry way of the building, in which the hall was, on to a plank sidewalk, which afforded the usual and regular…
1Opinion of the CourtField, J.
The rulings of the justice presiding at the trial all rest upon the proposition that knowledge on the part of the plaintiff, at' the time he entered upon the sidewalk, of the accumulation of snow and ice and of the unsafe condition of the sidewalk resulting therefrom, is in law conclusive evidence that he was not in the exercise of due care in attempting to pass over the sidewalk.
Looney v. McLean, 129 Mass. 33, was an action by a tenant of a part of a building against the landlord to recover for injuries received in consequence of the giving way of one of the steps of a staircase used in…
2Cases cited7 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Thomas v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1868
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
- Mahoney v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Village of Clayton v. BrooksIllinois Supreme Court · 1894
- Altemus v. TalmadgeCourt of Appeals for the D.C. Circuit · 1932
26 more not listed; retrieve them via the Exa API.