Mahoney v. Libbey
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by the falling of a wall upon him. At the trial in this court, before Lord, J., the plaintiff offered evidence tending to show that the estate upon which the wall All, and the estate upon which it had stood, were situate on Federal Street, adjoining each other; that the buildings on them had been burned in the great fire of November 9, 1872, which swept over both sides of Federal Street; that the fire left the walls…
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Tort for personal injuries sustained by the plaintiff by the falling of a wall upon him. At the trial in this court, before Lord, J., the plaintiff offered evidence tending to show that the estate upon which the wall All, and the estate upon which it had stood, were situate on Federal Street, adjoining each other; that the buildings on them had been burned in the great fire of November 9, 1872, which swept over both sides of Federal Street; that the fire left the walls between these estates, running from front to rear, about on a level with the street, being a few feet higher at the front and…
1Opinion of the CourtGray, C. J.
The plaintiff relies on the duty of every owner of land to keep the buildings or structures thereon in such a condition that they shall not, by falling or otherwise, cause injury to property or persons lawfully upon adjoining land.
But assuming that this duty is absolute while the structures are in the condition in which the owner has put them, or knows or is bound to know them to be,' yet, when he has been guilty of no negligence, and the condition of the structures has been changed, so as to render them injurious or dangerous, by vis major, or the act of a third person, which the owner had…
2Cases cited1 opinion
- Gray v. HarrisMassachusetts Supreme Judicial Court · 1871
3Cited by13 opinions
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Maynard v. Carey Construction Co.Massachusetts Supreme Judicial Court · 1939
- Cork v. BlossomMassachusetts Supreme Judicial Court · 1894
- Tennessee Coal, Iron R. Co. v. HartlineSupreme Court of Alabama · 1943
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