McGowan v. Monahan
Massachusetts Supreme Judicial Court
Tort by a tenant in a tenement house against the landlord to recover for injuries received by the plaintiff by reason of her tripping upon a mat alleged to have been negligently placed in the common passageway by the defendant.
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Tort by a tenant in a tenement house against the landlord to recover for injuries received by the plaintiff by reason of her tripping upon a mat alleged to have been negligently placed in the common passageway by the defendant. Writ in the Superior Court for the county of Suffolk dated December 17, 1903. There was a trial before Gaskill, J. The plaintiff testified that at the time of the accident she had been living in the tenement for nearly two years, that the building was arranged for stores on the ground floor and suites of rooms above; that the suite above the stores was occupied by the…
1Opinion of the CourtLoring, J.
The most that the jury were warranted in finding was that the plaintiff tripped and fell over an ordinary mat in front of the defendant’s outer door as she was going down stairs in the dark hours of the morning, through the unlighted common passageway of the tenement house in question.
The plaintiff was the lessee of the tenement next above that occupied by the defendant. The defendant was the owner of *298the building and the plaintiff’s landlord as well as the. occupant of the tenement next below that of the plaintiff.
It should be added that it could have been found that the mat had been put in…
2Cases cited6 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
- Jennings v. TompkinsMassachusetts Supreme Judicial Court · 1902
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
- Jordan v. SullivanMassachusetts Supreme Judicial Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kay v. AudetMassachusetts Supreme Judicial Court · 1940
- Brodsky v. FineMassachusetts Supreme Judicial Court · 1928
- McLeod v. RawsonMassachusetts Supreme Judicial Court · 1913
- Carey v. KleinMassachusetts Supreme Judicial Court · 1927
- Norman v. Shulman, Et Vir.Supreme Court of Florida · 1942
7 more not listed; retrieve them via the Exa API.