Marley v. Wheelwright
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The defendant leased an entire building in Taunton, which consisted of two stores in the lower story and two tenements in the upper story, to one Pierce, who orally let the tenement in the front of the upper story to the plaintiff’s son, with whom she lived.
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Tort, for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The defendant leased an entire building in Taunton, which consisted of two stores in the lower story and two tenements in the upper story, to one Pierce, who orally let the tenement in the front of the upper story to the plaintiff’s son, with whom she lived. The rear tenement was let to another person. In the rear of the building on the outside was an uncovered wooden stairway…
1Opinion of the CourtHammond, J.
The plaintiff had lived for eight months before the injury with her son in the tenement hired by the latter from one Pierce, who during all that time was, and for some time before had been, the tenant of the whole premises of which this tenement was a part, having a lease of the same frorh the defendant. The entire premises thus let to Pierce by the defendant comprised an old building with two- stores in the lower story, and two tenements in the upper story, one of which the plaintiff’s son occupied.
It thus appears that the defendant was no longer in control of the stairway. It had been…
2Cases cited4 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Watkins v. GoodallMassachusetts Supreme Judicial Court · 1885
- McLean v. Fiske Wharf & Warehouse Co.Massachusetts Supreme Judicial Court · 1893
- Hutchinson v. CummingsMassachusetts Supreme Judicial Court · 1892
3Cited by16 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Flanagan v. WelchMassachusetts Supreme Judicial Court · 1915
- Galvin v. BealsMassachusetts Supreme Judicial Court · 1905
- Kearines v. CullenMassachusetts Supreme Judicial Court · 1903
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