Barber v. C. W. H. Moulton Ladder Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on July 30,1915, when the plaintiff was eleven years of age, by reason of the negligence of the defendant in permitting a gate, which it was its duty to maintain in a safe condition, to be defective and out of repair, and by reason of the negligent management and operation of the gate by a servant of the defendant which caused it to fall upon the plaintiff.
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Tort for personal injuries sustained on July 30,1915, when the plaintiff was eleven years of age, by reason of the negligence of the defendant in permitting a gate, which it was its duty to maintain in a safe condition, to be defective and out of repair, and by reason of the negligent management and operation of the gate by a servant of the defendant which caused it to fall upon the plaintiff. Writ dated October 15, 1915. The defendant’s answer, as amended, contained an allegation that the plaintiff was not in the exercise of due care and that the injury alleged to have been sustained by him…
1Opinion of the CourtBraley, J.
The plaintiff, a lad eleven years of age, was standing in a private way in Somerville known as Earle Street, when the defendant’s gate fell upon him, causing serious personal injuries for which the jury have awarded substantial damages.
The first contention is, that there is no evidence which would warrant a finding that at the time of the accident the company owed him any duty of exercising reasonable care for his safety.
It appeared and the jury properly could find that while not a “through street,” there were houses, in one of which the plaintiff’s father lived, and other buildings,…
2Cases cited6 opinions
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Coles v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
- Smith v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1908
- Higgins v. BickfordMassachusetts Supreme Judicial Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Engel v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1936
- Ryder v. RobinsonMassachusetts Supreme Judicial Court · 1952
- Bell v. Dorchester Theatre Co.Massachusetts Supreme Judicial Court · 1941
- Sullivan v. Town of SaugusMassachusetts Supreme Judicial Court · 1940
- Oregon Short Line Railroad v. Mountain States Telephone & Telegraph Co.Idaho Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.