Kirby v. Tirrell
Massachusetts Supreme Judicial Court
Tort for personal injuries received when a board of the outside piazza of a two-family tenement house owned by the defendant broke as the plaintiff, who was upon the premises at the invitation of a tenant, stepped upon it.
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Tort for personal injuries received when a board of the outside piazza of a two-family tenement house owned by the defendant broke as the plaintiff, who was upon the premises at the invitation of a tenant, stepped upon it. Writ dated September 14,1917. In the Superior Court the action was tried before Hammond, J. It appeared that one Grandmont, who invited the plaintiff to the premises, had become the defendant’s tenant in May, 1916, and that the accident to the plaintiff happened in December, 1916. Other material evidence is described in the opinion. At the close of the evidence, the judge…
1Opinion of the CourtDe Courcy, J.
The defendant was owner of a two-family tenement house, the approach to which consisted of a flight of outside steps and a piazza leading to the front door. On December 12, 1916, the plaintiff came to the house on the express invitation of the upstairs tenant, Fred Grandmont; and “there was evidence that she was injured by reason of breaking through a board of the piazza with her left foot as she stepped on to the piazza to enter the house.” The board did not break into separate pieces, but the end on which she stepped went down, and “she became fast, just below the knee, in the hole, where…
2Cases cited3 opinions
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
- Quinn v. PerhamMassachusetts Supreme Judicial Court · 1890
- Lynch v. SwanMassachusetts Supreme Judicial Court · 1897
3Cited by16 opinions
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