Merrill v. Paige
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries received by reason of a fall upon ice on a sidewalk in front of a building owned by the defendant caused by water collected there from a spout on the building near the sidewalk. The second action was brought by the husband of the plaintiff in the first for consequential damages.
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Two actions of tort, the first for personal injuries received by reason of a fall upon ice on a sidewalk in front of a building owned by the defendant caused by water collected there from a spout on the building near the sidewalk. The second action was brought by the husband of the plaintiff in the first for consequential damages. Writs dated March 14, 1917. In the Superior Court the cases were tried together before Sanderson, J. The material evidence is described in the opinion. At the close of the evidence, the judge was of opinion that the notice relied on by the plaintiffs was…
1Opinion of the CourtRugg, C. J.
The female plaintiff, hereafter called the wife, received injuries by falling upon ice on the sidewalk in front of a block owned by the defendant. There was evidence that this ice was caused by water collected by a spout on the building of the defendant and discharged within six or eight [inches of the sidewalk, whither it flowed and froze. The defendant might have been found responsible for this condition. Field v. Gowdy, 199 Mass. 568.
The defendant called upon the wife on the day after her injury.. There then was conversation respecting the time, place and extent of her injury. The…
2Cases cited7 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Baird v. Baptist SocietyMassachusetts Supreme Judicial Court · 1911
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1911
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. SlocumMassachusetts Supreme Judicial Court · 1918
- Putnam v. SavageMassachusetts Supreme Judicial Court · 1923
- DePrizio v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1935
- State Street Trust Co. v. CrockerMassachusetts Supreme Judicial Court · 1940
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