Moynihan v. Allyn
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by a defect in a platform connected with a building owned by the defendant in Holyoke. Trial in the ' Superior Court, before Mason, C. J., who allowed a bill of exceptions in substance as follows. It was admitted that the defendant owned the premises in question, and that the relation of landlord and tenant existed between the defendant and the plaintiff’s father.
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Tort, for personal injuries occasioned to the plaintiff by a defect in a platform connected with a building owned by the defendant in Holyoke. Trial in the ' Superior Court, before Mason, C. J., who allowed a bill of exceptions in substance as follows. It was admitted that the defendant owned the premises in question, and that the relation of landlord and tenant existed between the defendant and the plaintiff’s father. The plaintiff’s evidence showed that the plaintiff was a minor at the time of the injury complained of, a little less than four years old, and was living with her father and…
1Opinion of the CourtMorton, J.
The evidence was uncontradicted that the platform was in the same condition when the accident to the plaintiff occurred in which it was when her father, of whose family she was a member, hired the tenement. The duty of the defendant was, to use due care to beep the platform and common passageways in a condition as good as they were at the time of hiring, and .to inform the tenant of any hidden defect which could not be discovered by reasonable diligence on his part, and of which the defendant ought for his. proper protection to be informed. Woods v. Naumkeag Steam Cotton Co. 134 Mass. 357.…
2Cases cited6 opinions
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Quinn v. PerhamMassachusetts Supreme Judicial Court · 1890
- Booth v. MerriamMassachusetts Supreme Judicial Court · 1892
- Martin v. RichardsMassachusetts Supreme Judicial Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- O'Malley v. Twenty-Five AssociatesMassachusetts Supreme Judicial Court · 1901
- Shute v. BillsMassachusetts Supreme Judicial Court · 1906
- Larson v. Calder's Park Co.Utah Supreme Court · 1919
- Cummings v. AyerMassachusetts Supreme Judicial Court · 1905
15 more not listed; retrieve them via the Exa API.