Stewart v. Putnam
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by reason af the alleged negligence of the defendants in leaving a coal-hole uncovered in the sidewalk in front of a building on Exchange Place in Boston, whereby the plaintiff fell into the hole and was injured.
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Tort for personal injuries sustained by the plaintiff by reason af the alleged negligence of the defendants in leaving a coal-hole uncovered in the sidewalk in front of a building on Exchange Place in Boston, whereby the plaintiff fell into the hole and was injured. Trial in this court, before Morton, J., who reported •the case for the determination of the full court in substance as follows: It was admitted that Exchange Place, including the sidewalk, was a public highway; that, at the time of the accident, the defendants were seised in fee of the building and the land on which it stood, as…
1Opinion of the CourtSoule, J.
This case depends on the construction and effect of the agreement of October 1, 1876, which is made a part of the report. Before it was executed, Elijah D. Goodrich was in possession of the premises owned by the defendants, under a lease for years, and had the entire control thereof. He, and not the landlord, was bound, as between himself and the public, so far to keep the buildings and structures abutting on the highway in repair that the way should be safe for travellers. Kirby v. Boylston Market Association, 14 Gray, 249. Shipley v. Fifty Associates, 101 Mass. 251. Leonard v. Storer, 115…
2Cases cited2 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
- Leonard v. StorerMassachusetts Supreme Judicial Court · 1874
3Cited by14 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Curtis v. KileyMassachusetts Supreme Judicial Court · 1891
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Texas Loan Agency v. FlemingTexas Supreme Court · 1899
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