Coghlan v. White
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Joanna Coghlan for causing personal injuries to and the death of the plaintiff’s intestate, who fell upon the sidewalk in front of premises owned by the defendants on West Seventh Street in that part of Boston known as South Boston. Writ dated April 23, 1917. In the Superior Court the action was tried before Quinn, J. Material evidence and the sole question raised by the exceptions are described in the opinion.
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Tort by the administratrix of the estate of Joanna Coghlan for causing personal injuries to and the death of the plaintiff’s intestate, who fell upon the sidewalk in front of premises owned by the defendants on West Seventh Street in that part of Boston known as South Boston. Writ dated April 23, 1917. In the Superior Court the action was tried before Quinn, J. Material evidence and the sole question raised by the exceptions are described in the opinion. By order of the judge, the jury found for the defendants; and the plaintiff alleged exceptions. St, 1908, c. 305, as amended by St. 1913, c.…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover damages for the conscious suffering and death of the plaintiff’s intestate caused by slipping upon ice accumulated upon the sidewalk by reason of a leaking and defective spout on an adjacent building belonging to the defendants. As a condition precedent to the right of recovery it was incumbent upon the plaintiff to show that written notice seasonably was given as required by law. Merrill v. Paige, 229 Mass. 511, 513. It is provided by St. 1908, c. 305, that “Leaving the notice with the occupant of said premises” (that is, premises adjoining the way on…
2Cases cited35 opinions
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
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3Cited by18 opinions
- Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
- Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
- Thomes v. Meyer Store Inc.Massachusetts Supreme Judicial Court · 1929
- Fauci v. MulreadyMassachusetts Supreme Judicial Court · 1958
- Torre v. Harris-Seybold Co.Massachusetts Appeals Court · 1980
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