Holmes v. Drew
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by falling upon a private sidewalk belonging to the defendant, and negligently suffered by her to remain in a dangerous condition. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to prove the following facts. The defendant was the owner of an estate abutting on West Rutland Square, a public street in the city of Boston.
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Tort for personal injuries sustained by the plaintiff by falling upon a private sidewalk belonging to the defendant, and negligently suffered by her to remain in a dangerous condition. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to prove the following facts. The defendant was the owner of an estate abutting on West Rutland Square, a public street in the city of Boston. The buildings fronting upon this street, including that of the defendant, had been placed by their owners sixteen feet back from the street line, and a brick sidewalk had been laid by…
1Opinion of the CourtW. Allen, J.
The jury might have inferred from the facts stated that the defendant laid out and paved the sidewalk on her own land in order that it should be used by the public as the sidewalk of the street, and allowed it to remain apparently the part of the street that was intended to be used by foot passengers. This would amount to an invitation to the public to enter upon and use as a public sidewalk the land so prepared, and the plaintiff so using it would have gone upon the defendant’s land by her implied invitation, and she would owe to him the duty not to expose him to a dangerous condition of the…
2Cases cited4 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Davis v. Central Congregational Society of Jamaica PlainMassachusetts Supreme Judicial Court · 1880
- Murphy v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1882
3Cited by49 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- Mills v. Orcas Power & Light Co.Washington Supreme Court · 1960
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
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