Sawyer v. McGillicuddy
Supreme Judicial Court of Maine
On exceptions. This was auaction for negligence to maintain in good repair a stairway, connected with certain rooms, which the defendant rented to the plaintiff in his building. The ingress to the rooms was by a stairway running through the building. The same stairs were erected and designed for all the rooms in the building,, some of which were leased by the plaintiff, others to other tenants.
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On exceptions. This was auaction for negligence to maintain in good repair a stairway, connected with certain rooms, which the defendant rented to the plaintiff in his building. The ingress to the rooms was by a stairway running through the building. The same stairs were erected and designed for all the rooms in the building,, some of which were leased by the plaintiff, others to other tenants. On the point of defendant’s liability to maintain the stairway and landing, the presiding justice gave the following ruling: “The parties In this litigation are landlord and tenant. The plaintiff is a…
1Opinion of the CourtDaneorth, J.
The ruling complained of in this case raises but á single question, namely, the liability of the defendant, upon the facts stated in the exceptions, “to suitably care for and maintain the passage-way or stairway for the tenants, unless there be an express agreement that he is not to maintain the stairway, at his own expense.” By the ruling, tins liability is imposed upon the defendant by virtue of an implied covenant. It is to be noticed that the plaintiff’s right to recover is not made to rest upon this proposition alone. This is only one of the elements of her case, among many others, upon…
2Cases cited5 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Purcell v. EnglishIndiana Supreme Court · 1882
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
3Cited by25 opinions
- Reardon v. ShimelmanSupreme Court of Connecticut · 1925
- Crawford v. SoennichsenNebraska Supreme Court · 1963
- Chambers v. LoweSupreme Court of Connecticut · 1933
- Weaver Mercantile Co. v. ThurmondWest Virginia Supreme Court · 1911
- Cronin v. BrownlieAppellate Court of Illinois · 1952
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