Ware v. Evangelical Baptist Benevolent & Missionary Society
Massachusetts Supreme Judicial Court
Tort for injuries from a fall caused by the plaintiff stepping from the floor of a room of the Tremont Temple Building in Boston, used for the exhibition and sale of certain pictures, to the adjoining corridor alleged negligently to be constructed and maintained by the defendant four and seven eighths inches lower than the floors of the rooms opening upon it.
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Tort for injuries from a fall caused by the plaintiff stepping from the floor of a room of the Tremont Temple Building in Boston, used for the exhibition and sale of certain pictures, to the adjoining corridor alleged negligently to be constructed and maintained by the defendant four and seven eighths inches lower than the floors of the rooms opening upon it. Writ dated December 15,,1899. At the trial in the Superior Court before Sherman, J., the jury, to whom the case was submitted by agreement, returned a verdict for the plaintiff in the sum of $2,500; and the judge reported the case for…
1Opinion of the CourtMorton, J.
This is an action of tort to recover for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. At the conclusion of the plaintiff’s evidence, the defendant ashed the judge to rule that the plaintiff could not recover, and to direct a verdict for the defendant. The judge did not rule as thus requested, though expressing the opinion that the action could not be maintained. But, it was agreed instead by the parties after conference with the judge, that the case should be submitted to the jury, and if the jury returned a verdict for the plaintiff the case…
2Cited by38 opinions
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- Garrett v. W. S. Butterfield Theatres, Inc.Michigan Supreme Court · 1933
- Sterns v. Highland Hotel Co.Massachusetts Supreme Judicial Court · 1940
- Seabridge v. PoliSupreme Court of Connecticut · 1922
- Long v. JoestleinCourt of Appeals of Maryland · 1949
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