Ward v. Blouin
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by a defective step provided by the defendant for use at the back of a house which the plaintiff in. her declaration alleged that she had hired from the defendant. Writ dated August 6,1910. Specifications were filed by the plaintiff in which also she stated that she was the defendant’s tenant.
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Tort for personal injuries alleged to have been caused by a defective step provided by the defendant for use at the back of a house which the plaintiff in. her declaration alleged that she had hired from the defendant. Writ dated August 6,1910. Specifications were filed by the plaintiff in which also she stated that she was the defendant’s tenant. The case was tried before*Morton, J. The plaintiff’s attorney in his opening address to the jury, after reading the pleadings, “ offered to prove that in March, 1910, the husband of the plaintiff went to inspect a new tenement house . . . and talked…
1Opinion of the CourtSheldon, J.
Ho question has been made as to the apparent variance between the plaintiff’s offer of proof and her declaration. Upon her offer of proof it was her husband and not herself who hired the tenement and became a tenant of the defendant. But this circumstance would not have prevented her from recovering upon a proper declaration if her husband could have recovered for a like injury to himself. Wilcox v. Zane, 167 Mass. 302. Domenicis v. Fleisher, 195 Mass. 281. We therefore consider the question upon its merits, as it has been argued by both parties.
The jury could find that the steps which the…
2Cases cited20 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1909
- Watkins v. GoodallMassachusetts Supreme Judicial Court · 1885
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Energy Electric Co. v. General Electric Co.Massachusetts Supreme Judicial Court · 1928
- Griffin v. RudnickMassachusetts Supreme Judicial Court · 1937
- Donovan v. WalshMassachusetts Supreme Judicial Court · 1921
- Maionica v. PiscopoMassachusetts Supreme Judicial Court · 1914
- Angevine v. HewitsonMassachusetts Supreme Judicial Court · 1920
8 more not listed; retrieve them via the Exa API.