Roche v. Sawyer
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff on premises owned by the defendant by falling into an opening or cellar way.
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Tort, for personal injuries sustained by the plaintiff on premises owned by the defendant by falling into an opening or cellar way. At the trial in the Superior Court, before Gf-asMll, J., it appeared that on the premises, which were situated on Second Street, in East Cambridge, were two blocks of wooden houses, each block eighty-three feet long, separated by a way or court called Second Street Court: that this court led from Second Street to an alleyway in. the rear communicating with another public street; that it was twenty feet wide and on approximately the same level as the sidewalk of…
1Opinion of the CourtHammond, J.
The walk was in good repair, and in the same condition in which it was when Grady hired his tenement. If it was dangerous at all to a person in the exercise of due care, the danger arose out of its original construction and not from lack of repair. The danger arising from the proximity of the *74basement entrance was not concealed, but was apparent. Nor was the entrance a trap or pitfall. Hutchinson v. Cummings, 156 Mass. 329, 330. Everything was plainly visible and in the same condition as when hired.
Grady got and had the benefit of the tenement he hired, including its approaches, and had no…
2Cases cited9 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Coupe v. PlattMassachusetts Supreme Judicial Court · 1899
- Wilcox v. ZaneMassachusetts Supreme Judicial Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by12 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
- Boudreau v. JohnsonMassachusetts Supreme Judicial Court · 1922
- Herdt v. KoenigMissouri Court of Appeals · 1909
7 more not listed; retrieve them via the Exa API.