Hutchinson v. Cummings
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by falling into an elevator well in a public hotel in Boston, known as the Thorndike House. Trial in the Superior Court, before Hammond, J., who, at the close of the plaintiff’s testimony, ordered a verdict for the defendants ; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiff had been for two years a guest in the hotel where he was injured by stepping into the elevator well. The elevator was operated by the guests themselves, and the plaintiff was familiar with its location and use. If the elevator and its appliances were in repair, he could not maintain an action against the defendants, who were the owners of the building, and not its occupants, for the results of an accident occasioned by the darkness of the hallway at the time when he attempted to use the elevator, or from its general plan of construction. It was not a concealed source of mischief…
2Cases cited3 opinions
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Quinn v. PerhamMassachusetts Supreme Judicial Court · 1890
3Cited by17 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Flanagan v. WelchMassachusetts Supreme Judicial Court · 1915
- Galvin v. BealsMassachusetts Supreme Judicial Court · 1905
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- McLean v. Fiske Wharf & Warehouse Co.Massachusetts Supreme Judicial Court · 1893
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