Cochran v. Barton
Massachusetts Supreme Judicial Court
Two actions of tort, one against the lessee and the other against the owner and lessor of a dwelling house and the surrounding land in the part of Boston called Forest Hills, for personal injuries sustained on January 25, 1917, caused by slipping and falling upon ice on the sidewalk of Wenham Street, a public highway, formed by water alleged to have come from conductors on the premises of the defendants.
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Two actions of tort, one against the lessee and the other against the owner and lessor of a dwelling house and the surrounding land in the part of Boston called Forest Hills, for personal injuries sustained on January 25, 1917, caused by slipping and falling upon ice on the sidewalk of Wenham Street, a public highway, formed by water alleged to have come from conductors on the premises of the defendants. Writs dated respectively March 16 and March 31, 1917. In the Superior Court the cases were tried together before Raymond, J. The plaintiff contended that the ice was formed by water which…
1Opinion of the CourtDe Courcy, J.
The plaintiff slipped and fell upon the ice while walking on the easterly sidewalk of Wenham Street, Boston, in front of premises of which the defendant Greenlaw was owner and the defendant Barton was lessee. The plaintiff’s due care apparently is not in dispute; no question was raised as to the sufficiency of the statutory notice; and it is stipulated in the report that the plaintiff is to have judgment if the evidence entitled her to go to the jury as against either or both of the defendants.
The principle of law on which the plaintiff bases her claim is the familiar one, that a landowner…
2Cases cited4 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Marston v. PhippsMassachusetts Supreme Judicial Court · 1911
- Hynes v. BrewerMassachusetts Supreme Judicial Court · 1907
- Drake v. TaylorMassachusetts Supreme Judicial Court · 1909
3Cited by20 opinions
- Bullard v. MattoonMassachusetts Supreme Judicial Court · 1937
- Hooper v. KennedyMassachusetts Supreme Judicial Court · 1947
- Crafts v. McCobbMassachusetts Supreme Judicial Court · 1939
- Siciliano v. BarbutoMassachusetts Supreme Judicial Court · 1929
- Harrison v. Poli-New England Theatres, Inc.Massachusetts Supreme Judicial Court · 1939
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