Green v. Pearlstein
Massachusetts Supreme Judicial Court
Tort against the owner and lessee of a tenement house for personal injuries suffered by the plaintiff by reason of some plaster falling upon her in a passageway used, by all the tenants.
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Tort against the owner and lessee of a tenement house for personal injuries suffered by the plaintiff by reason of some plaster falling upon her in a passageway used, by all the tenants. Writ in the Municipal Court of the City of Boston dated November 9,1910. On appeal to the Superior Court the case was tried before Hitciwocic, J. The plaintiff contended that the defendant Pearl-stein was the real landlord of the premises, notwithstanding the lease to the defendant Geller, described in the opinion, and introduced evidence tending to show that, while the lease “ recited that Geller had to pay…
1Opinion of the Court
. Sheldon, J.
The plaintiff put in evidence that the defendant Geller had taken from the defendant Pearlstein a lease of the *362house which contained the tenement hired by the plaintiff’s husband, and was in control thereof at the time of her injury. There was no dispute that her husband’s hiring was from Geller. The rest of Geller’s testimony might have created some suspicion as to Mrs. Pearlstein’s motive in giving the lease to him, but did not tend to show that he had not in fact taken possession of the leasehold interest, or that he was not in control of the premises. If so, the motive of the…
2Cases cited12 opinions
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Nash v. WebberMassachusetts Supreme Judicial Court · 1910
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
- Quinn v. PerhamMassachusetts Supreme Judicial Court · 1890
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3Cited by8 opinions
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- McKenna v. GrunbaumIdaho Supreme Court · 1920
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