Legal Opinion

Maran v. Peabody

Massachusetts Supreme Judicial Court

Decided November 27, 1917PublishedCited by 16 opinions

Tort against the trustees of the Standish Building Trust, so called, as the owners of a building numbered 367 on Boylston Street in Boston, for personal injuries sustained by the plaintiff, who was a salesgirl in the employ of a tenant occupying portions of the first and second floors of the building, on the morning of June 14, 1915, by reason of the plaintiff falling when, having been excluded from the use of the elevator, she was descending from the second to the first…

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Tort against the trustees of the Standish Building Trust, so called, as the owners of a building numbered 367 on Boylston Street in Boston, for personal injuries sustained by the plaintiff, who was a salesgirl in the employ of a tenant occupying portions of the first and second floors of the building, on the morning of June 14, 1915, by reason of the plaintiff falling when, having been excluded from the use of the elevator, she was descending from the second to the first floor on a marble staircase that wound round the elevator and was lighted insufficiently. Writ dated December 16, 1915. In…

1Opinion of the CourtDe Courcy, J.

The defendants, the owners of a building on Boylston Street, in Boston, had leased portions of the first and second floors to one Rosenbaum. The elevator, halls and common stairways remained in their control, and they had provided the means and assumed the duty of lighting them. The plaintiff, an employee of Rosenbaum, after leaving her employer’s shop on the second floor was descending the flight of marble steps to the first floor when she fell and was injured.

The plaintiff was familiar with the place, and was aware that the electric lamps were not then lighted; but it was necessary for her…

2Cases cited4 opinions

  1. Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
  2. Gallagher v. MurphyMassachusetts Supreme Judicial Court · 1915
  3. Marston v. ReynoldsMassachusetts Supreme Judicial Court · 1912
  4. Follins v. DillMassachusetts Supreme Judicial Court · 1915

3Cited by16 opinions

  1. Clarke v. AmesMassachusetts Supreme Judicial Court · 1929
  2. Garland v. StetsonMassachusetts Supreme Judicial Court · 1935
  3. Lyons v. LichOregon Supreme Court · 1933
  4. McCarthy v. Isenberg Bros.Massachusetts Supreme Judicial Court · 1947
  5. Fox Tucson Theatres Corp. v. LindsayArizona Supreme Court · 1936

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