Nash v. Webber
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on February 10, 1906, and due to slipping on snow and ice upon a flight of stairs leading from the rear of an apartment leased by the plaintiff’s mother from the defendant on the fourth floor of a tenement building numbered 18 on Bickerstaff Street in Boston.
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Tort for personal injuries sustained on February 10, 1906, and due to slipping on snow and ice upon a flight of stairs leading from the rear of an apartment leased by the plaintiff’s mother from the defendant on the fourth floor of a tenement building numbered 18 on Bickerstaff Street in Boston. Writ dated April 6, 1906. The case was tried before Brown, J. Beside the facts stated in the opinion, it appeared from the bill of exceptions that there was evidence that the plaintiff, a girl then seven years of age, not having been out of doors all day, was sent by her eldest sister just after noon…
1Opinion of the CourtSheldon, J.
The plaintiff has the same and only the same rights to maintain her action against the defendant that her mother would have under similar circumstances. Miles v. Janvrin, 196 Mass. 431, 437. Domenicis v. Fleisher, 195 Mass. 281, and cases cited. Phelan v. Fitzpatrick, 188 Mass. 237. And the right of the mother must be determined by the terms of the written lease which she took from the defendant, unless those terms have since been modified by the parties.
By that instrument the defendant leased to the plaintiff’s mother, Mrs. Nash, “ the suite of rooms No. 2” in the apartment house mentioned…
2Cases cited17 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Reardon v. ShimelmanSupreme Court of Connecticut · 1925
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
- Crowe v. BixbyMassachusetts Supreme Judicial Court · 1921
- Bell v. SiegelMassachusetts Supreme Judicial Court · 1922
39 more not listed; retrieve them via the Exa API.