Looney v. McLean
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a fall from a staircase in a dwelling-house in Boston, owned or occupied by the defendant. Trial in this court, before Ames, J., who allowed a bill of exceptions in substance as follows: The defendant was in the habit of letting tenements in the house in question to various tenants.
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Tort for personal injuries occasioned to the plaintiff by a fall from a staircase in a dwelling-house in Boston, owned or occupied by the defendant. Trial in this court, before Ames, J., who allowed a bill of exceptions in substance as follows: The defendant was in the habit of letting tenements in the house in question to various tenants. The plaintiff’s husband hired a tenement of the defendant, and began to occupy it on May 11, 1878. There was evidence that, at that time, the defendant pointed out the top of an outbuilding, connected with the house, as the place where the plaintiff was to…
1Opinion of the CourtColt, J.
The plaintiff’s husband hired and occupied one of several tenements in the defendant’s building. The jury, under the instructions given, have found that she was injured, without fault on her part, while using a defective stairway apparently intended to furnish access to the roof of a shed used in common by the other tenants for drying clothes. They must have found, also, that no other mode of access had been pointed out to the plaintiff; that no caution had been given as to the use of these steps; and that there was nothing in their appearance which would indicate to a prudent person that…
2Cases cited1 opinion
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
3Cited by106 opinions
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- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Purcell v. EnglishIndiana Supreme Court · 1882
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Peil v. . ReinhartNew York Court of Appeals · 1891
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