Henry H. Tuttle Co v. Phipps
Massachusetts Supreme Judicial Court
Tort, by a corporation, which was a retail dealer in boots and shoes and occupied a store and a part of the basement in the building numbered 159 on Tremont Street in Boston under a lease in writing from one James J. Grace, who was the lessee of the entire building, against an assignee from Grace, who held all Grace’s rights and had assumed all his duties in the management of the building, for damage to goods and other property of the plaintiff on August 6, 1911, by reason…
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Tort, by a corporation, which was a retail dealer in boots and shoes and occupied a store and a part of the basement in the building numbered 159 on Tremont Street in Boston under a lease in writing from one James J. Grace, who was the lessee of the entire building, against an assignee from Grace, who held all Grace’s rights and had assumed all his duties in the management of the building, for damage to goods and other property of the plaintiff on August 6, 1911, by reason of the alleged negligence of an engineer employed by the defendant in the care and management of a steam engine and…
1Opinion of the CourtLoring, J.
This case is concluded by the decision in Fera v. Child, 115 Mass. 32. No distinction should be made between the agreement in the lease in that case and that in the lease in the case at bar. That decision should not be overruled. The distinction between Fera v. Child, ubi supra, and Smith v. Faxon, 156 Mass. 589, is fully explained in the latter case.
Judgment for the defendant.
2Cases cited2 opinions
- Smith v. FaxonMassachusetts Supreme Judicial Court · 1892
- Fera v. ChildMassachusetts Supreme Judicial Court · 1874
3Cited by11 opinions
- Cannon v. BreschSupreme Court of Pennsylvania · 1932
- Clarke v. AmesMassachusetts Supreme Judicial Court · 1929
- J. W. Grady Co. v. HerrickMassachusetts Supreme Judicial Court · 1934
- Weirick v. Hamm Realty Co.Supreme Court of Minnesota · 1929
- Oscar Ruff Drug Co. v. Western Iowa Co.Supreme Court of Iowa · 1921
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