Murphy v. Cohen
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on November 30, 1912, from falling down the cellar stairs of an apartment house owned and controlled by the defendant on Crescent Avenue in the part of Boston called Brighton.
Read the full summary
Tort for personal injuries sustained by the plaintiff on November 30, 1912, from falling down the cellar stairs of an apartment house owned and controlled by the defendant on Crescent Avenue in the part of Boston called Brighton. Writ dated February 13, 1913. In the Superior Court the case was tried before White, J. At the close of the evidence, which is described in the opinion, the judge ruled that upon all the evidence the plaintiff was not entitled to recover and ordered a verdict for the defendant. By agreement of the parties the judge reported the case for determination by this court,…
1Opinion of the CourtBraley, J.
The defendant having introduced no evidence, the jury on the plaintiff’s testimony would have been warranted in finding that, being engaged “in the real estate business,” she "had a prospective tenant who wanted a six room apartment,” and, having been informed that the defendant’s intestate had the number of rooms required, she asked by telephone for permission to let the vacant apartment. The decedent replied that her hus-« band "had charge of the house and referred me [the plaintiff] to him.” A conversation with the husband resulted in his giving the plaintiff permission to rent at a…
2Cases cited1 opinion
- Lord v. Sherer Dry Goods Co.Massachusetts Supreme Judicial Court · 1910
3Cited by7 opinions
- Coates v. First National Stores Inc.Massachusetts Supreme Judicial Court · 1948
- Wentink v. TrapHagenNebraska Supreme Court · 1940
- Cupita v. Carmel Country Club, Inc.Supreme Court of North Carolina · 1960
- Du Rocher v. Teutonia Motor Car Co.Wisconsin Supreme Court · 1925
- Henebury v. CabotMassachusetts Supreme Judicial Court · 1934
2 more not listed; retrieve them via the Exa API.