Smethurst v. Proprietors of Independent Congregational Church in Barton Square
Massachusetts Supreme Judicial Court
Tort for personal injuries. The declaration alleged that, on March 2,1887, through the carelessness and negligence of the defendant corporation, a large quantity of snow fell from the roof of a church building owned by the defendant, situated on Barton Square, a street in Salem, upon the plaintiff’s horse, while the plaintiff, being in the exercise of due care, was unloading his wagon in such street, causing the horse to run and to throw the plaintiff to the ground, greatly…
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Tort for personal injuries. The declaration alleged that, on March 2,1887, through the carelessness and negligence of the defendant corporation, a large quantity of snow fell from the roof of a church building owned by the defendant, situated on Barton Square, a street in Salem, upon the plaintiff’s horse, while the plaintiff, being in the exercise of due care, was unloading his wagon in such street, causing the horse to run and to throw the plaintiff to the ground, greatly injuring him. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as…
1Opinion of the CourtDevens, J.
It is the contention of the defendant, that, as the declaration alleges negligence on the part of the defendant, the plaintiff can maintain it only by showing a want of ordinary care in the construction or management of its building.
When parties in the management of their own estates so use them that injury in the ordinary course of things may fairly be expected to result to others in the enjoyment of their estates, or in the exercise of their lawful rights, as such use is wrongful, if injury does thus result, it may properly be said to have occurred by their negligence. The instructions as…
2Cases cited7 opinions
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Hordern v. . Salvation ArmyNew York Court of Appeals · 1910
- Commonwealth v. HenryMassachusetts Supreme Judicial Court · 1917
- Commonwealth v. GranitoMassachusetts Supreme Judicial Court · 1950
47 more not listed; retrieve them via the Exa API.