McKeon v. Cutter
Massachusetts Supreme Judicial Court
Tort for injury to the plaintiff’s goods, caused by the leaking of water from pipes wdiich the plaintiff contended the defendant was bound to keep in repair, but had negligently suffered to be out of repair.
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Tort for injury to the plaintiff’s goods, caused by the leaking of water from pipes wdiich the plaintiff contended the defendant was bound to keep in repair, but had negligently suffered to be out of repair. At the trial in the Superior Court, before Bond, J., it appeared that the plaintiff hired, as tenant at will, a flat or tenement of six rooms and a bath-room in the defendant’s house in Boston, which house contained four separate tenements; that the plaintiff’s tenement was supplied with cold water by a pipe leading thereto from the street main, and with hot water from a tank in the…
1Opinion of the CourtLathrop, J.
„ The rule that the letting of a house does not imply that it is fit, or will continue fit, for the purposes for which it is let, applies equally to the case of the letting of several rooms in a tenement house, if they pass out of the control of the landlord into the exclusive possession of the tenant. See Looney v. McLean, 129 Mass. 33.
In the case at bar, the exceptions state that “ there was no other use made of the water pipes in the plaintiff’s tenement, except to supply water to the plaintiff’s tenement,” and that “the leaks complained of occurred in the pipes in the plaintiff’s…
2Cases cited2 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Priest v. NicholsMassachusetts Supreme Judicial Court · 1874
3Cited by28 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Galvin v. BealsMassachusetts Supreme Judicial Court · 1905
- Bell v. SiegelMassachusetts Supreme Judicial Court · 1922
- Kearines v. CullenMassachusetts Supreme Judicial Court · 1903
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