Neas v. Lowell
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by snow falling upon the plaintiff from a building of the defendant. Writ dated February 9, 1897. At the trial in the Superior Court before Bond, J. the plaintiff introduced evidence that the defendant owned a brick dwelling house numbered 363 on Tremont Street in the city of Boston; that the building was three stories high, constructed with a slate-covered pitched roof of the ordinary kind, slanting toward the sidewalk, the ridge pole being…
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Tort for personal injuries caused by snow falling upon the plaintiff from a building of the defendant. Writ dated February 9, 1897. At the trial in the Superior Court before Bond, J. the plaintiff introduced evidence that the defendant owned a brick dwelling house numbered 363 on Tremont Street in the city of Boston; that the building was three stories high, constructed with a slate-covered pitched roof of the ordinary kind, slanting toward the sidewalk, the ridge pole being parallel therewith; that the roof had no protection or railing to keep snow from falling upon the sidewalk; that there…
1Opinion of the CourtKnowlton, C. J.
In all its material facts this case is like Clifford v. Atlantic Cotton Mills, 146 Mass. 47. The construction of the building was in general the same, and the lease was the same. The only difference is that in the present case the method of preventing injuries from snow on the roof is shown by the evidence. The accident happened, not from the impossibility of removing the snow so far as necessary to prevent injury, but from the failure of the tenant to take the usual measures after a severe storm, or to do anything to prevent such an accident as happened. The testimony showed that, after a…
2Cases cited6 opinions
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
- Leonard v. StorerMassachusetts Supreme Judicial Court · 1874
- Szathmary v. AdamsMassachusetts Supreme Judicial Court · 1896
- Munroe v. CarlisleMassachusetts Supreme Judicial Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hannon v. SchwartzMassachusetts Supreme Judicial Court · 1939
- Maloney v. HayesMassachusetts Supreme Judicial Court · 1910
- Coman v. AllesMassachusetts Supreme Judicial Court · 1908
- Blanchard v. Stone's Inc.Massachusetts Supreme Judicial Court · 1939
- Shepard v. Worcester County Institution for SavingsMassachusetts Supreme Judicial Court · 1939
1 more not listed; retrieve them via the Exa API.