Marston v. Reynolds
Massachusetts Supreme Judicial Court
Two actions OF tort, the first for personal injuries suffered by-reason of the plaintiff falling down a step in an unoccupied house of the defendant on Chandler Street in Boston, when she was examining the house in response to an advertisement offering it to let. The second action was brought by the husband of the plaintiff in the first for loss sustained by reason of her injuries, and, after the husband’s death, was continued by the administrator of his estate.
Read the full summary
Two actions OF tort, the first for personal injuries suffered by-reason of the plaintiff falling down a step in an unoccupied house of the defendant on Chandler Street in Boston, when she was examining the house in response to an advertisement offering it to let. The second action was brought by the husband of the plaintiff in the first for loss sustained by reason of her injuries, and, after the husband’s death, was continued by the administrator of his estate. Writs dated December 22, 1905. In the Superior Court the cases were tried together before Bishop, J. There was evidence tending to…
1Opinion of the CourtDeCourcy, J.
The principal plaintiff, Agnes F. Marston, hereinafter referred to as the plaintiff, sustained the injury complained of while she was examining an unoccupied house with a view to renting 'it. The defendant owned the property and employed the real estate agent, Hobbs, who had thirty or forty estates in his charge, to rent and care for this and seven other houses. Whether Hobbs was an independent contractor, as assumed in the defendant’s fourth request, or an agent of the defendant, as the plaintiff contended, was for the jury to say; and they were warranted by the evidence in finding the…
2Cases cited10 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Linnehan v. RollinsMassachusetts Supreme Judicial Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- McDermott's CaseMassachusetts Supreme Judicial Court · 1933
- Kelley v. GoldbergMassachusetts Supreme Judicial Court · 1934
- Greenfield v. MillerWisconsin Supreme Court · 1921
- Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
31 more not listed; retrieve them via the Exa API.