Kendall v. City of Boston
Massachusetts Supreme Judicial Court
Two ACTIONS OE TORT for personal injuries sustained by the plaintiff at a concert given by the city to the Grand Duke Alexis on December 9, 1871. The declaration in each case alleged that on or about the ninth day of December 1871, the defendants were in the lawful use and occupation and had the possession and control of a certain building on Winter Street in Boston, known as the Boston Music Hall; and for the purpose of ornamenting said building for an entertainment, had…
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Two ACTIONS OE TORT for personal injuries sustained by the plaintiff at a concert given by the city to the Grand Duke Alexis on December 9, 1871. The declaration in each case alleged that on or about the ninth day of December 1871, the defendants were in the lawful use and occupation and had the possession and control of a certain building on Winter Street in Boston, known as the Boston Music Hall; and for the purpose of ornamenting said building for an entertainment, had placed upon the walls thereof certain decorations, and among other things a certain statue or bust made of some heavy…
1Opinion of the CourtDevens, J.
No evidence was offered as to the manner in which the bust had been attached to or placed upon the balcony, or as to whether it had been properly secured; but the plaintiff relied simply upon the fact that it fell, as evidence of negligence on the part of those whom she claimed to be responsible for the decoration of the hall.
Where a stage was overturned by the coming off of a wheel upon a smooth and level road, the evidence was held to be competent to show that the coach could not have been properly prepared for the road. Ware v. Gray, 11 Pick. 106. So where a railway train ran from the…
2Cases cited1 opinion
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
3Cited by26 opinions
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Navien v. CohenMassachusetts Supreme Judicial Court · 1929
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