Grella v. Lewis Wharf Co.
Massachusetts Supreme Judicial Court
Three actions of tort, the first by Marciano Grella as administrator of the estate of his child Margherita Grella, under R. L. c. 171, § 2, as amended by St. 1907, c. 375, for causing the death of the plaintiff’s intestate, a girl fourteen months old, by negligently failing to keep in repair a balustrade or railing on the second floor of a tenement building of the defendant numbered 259 on North Street in Boston, the second action, brought also as administrator, to recover…
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Three actions of tort, the first by Marciano Grella as administrator of the estate of his child Margherita Grella, under R. L. c. 171, § 2, as amended by St. 1907, c. 375, for causing the death of the plaintiff’s intestate, a girl fourteen months old, by negligently failing to keep in repair a balustrade or railing on the second floor of a tenement building of the defendant numbered 259 on North Street in Boston, the second action, brought also as administrator, to recover for conscious suffering of the plaintiff’s intestate, and the third action by the plaintiff personally for expenses…
1Opinion of the CourtDeCourcy, J.
The deceased, a child fourteen months old, fell through an opening caused by broken banisters in a tenement house of the defendant, and struck on the floor below. These actions are brought, one for her death, one for her conscious suffering, and the third for the medical and funeral expenses.
1. The defendant’s first request, that upon all the evidence the plaintiff cannot recover, was rightly refused. The defendant was the landlord of the plaintiff Marciano Grella and retained control of the common hallway where the accident happened. This opening in the balustrade was made after the tenancy…
2Cases cited10 opinions
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- Faxon v. ButlerMassachusetts Supreme Judicial Court · 1910
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Porter v. SorellMassachusetts Supreme Judicial Court · 1932
22 more not listed; retrieve them via the Exa API.