Sanborn v. McKeagney
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on December 16, 1916, alleged to have been caused by slipping upon an accumulation of ice on the sidewalk in front of and adjoining the house of the defendant numbered 40 on Albion Street in Boston. Writ in the Municipal Court of the City of Boston dated May 9, 1917. The evidence at the trial in the Municipal Court is described ■ in the opinion.
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Tort for personal injuries sustained on December 16, 1916, alleged to have been caused by slipping upon an accumulation of ice on the sidewalk in front of and adjoining the house of the defendant numbered 40 on Albion Street in Boston. Writ in the Municipal Court of the City of Boston dated May 9, 1917. The evidence at the trial in the Municipal Court is described ■ in the opinion. The defendant asked the judge to rule that upon all the evidence the plaintiff was not entitled to recover. The judge refused to make this ruling and made the following finding: “I find that the plaintiff sustained…
1Opinion of the Court
By the Court.
The material facts as stated in the report are that the plaintiff, a traveller upon a public way in Boston, received personal injury on the sidewalk in front of premises owned by the defendant by slipping upon ice formed from water flowing from a conductor, which then and for years before drained the roof of a house adjoining the house of the defendant and which was on or near the dividing line between the two houses. There was no evidence tending to show that the defendant controlled the conductor or that any water from his premises drained into it.
No liability of the defendant…
2Cases cited9 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Loanes v. GastMassachusetts Supreme Judicial Court · 1913
- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
- Marston v. PhippsMassachusetts Supreme Judicial Court · 1911
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3Cited by17 opinions
- Pickett v. Waldorf System, Inc.Massachusetts Supreme Judicial Court · 1922
- Mahoney v. PerreaultMassachusetts Supreme Judicial Court · 1931
- Agnew v. FranksMassachusetts Supreme Judicial Court · 1926
- Cooper v. Braver, Healey & Co.Massachusetts Supreme Judicial Court · 1946
- Smith v. Locke Coal Co.Massachusetts Supreme Judicial Court · 1929
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