Legal Opinion

Sears v. Merrick

Massachusetts Supreme Judicial Court

Decided December 6, 1899PublishedCited by 12 opinions

Two ACTIONS OF tobt, the first b.eing for personal injuries sustained by the plaintiff upon premises of the defendants’ intestate in Clinton, which are shown on the plan printed below; and the second being for loss of the society and services of the plaintiff’s wife, and for expenses incurred by him, owing to the injury sued for in the first case.

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Two ACTIONS OF tobt, the first b.eing for personal injuries sustained by the plaintiff upon premises of the defendants’ intestate in Clinton, which are shown on the plan printed below; and the second being for loss of the society and services of the plaintiff’s wife, and for expenses incurred by him, owing to the injury sued for in the first case. The cases were tried together in the Superior Court, before Braley, J., who ruled that the plaintiffs were not entitled to recover ; directed the jury to return a verdict for the defendant in each case; and, at the request of the plaintiffs,…

1Opinion of the CourtLoring, J.

The defendants’ testatrix owned a building, called the Brimhall block, situated on the corner of High and Church Streets, in the town of Clinton; these streets run at right angles to each other, High Street running north and south, and Church Street east and west. The front line of the building on each street was-set back from the street line; the whole space from the face of the building to the curbing of the sidewalk was covered with concrete, and presented a uniform appearance, except for the bank or retaining wall just round the corner on Church Street, hereinafter described. On High…

2Cases cited3 opinions

  1. Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
  2. Curtis v. KileyMassachusetts Supreme Judicial Court · 1891
  3. Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893

3Cited by12 opinions

  1. Wright v. PerryMassachusetts Supreme Judicial Court · 1905
  2. Concho Const. Co., Inc. v. Oklahoma Natural Gas CoCourt of Appeals for the Tenth Circuit · 1953
  3. Clark v. City of HuntingtonIndiana Court of Appeals · 1920
  4. Beckwith v. Somerset Theatres, Inc.Supreme Judicial Court of Maine · 1942
  5. MacK v. Houston E. & W. T. Ry. Co.Court of Appeals of Texas · 1911

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