Mahar v. Steuer
Massachusetts Supreme Judicial Court
Tobt, for personal injuries occasioned to the plaintiff, through the alleged negligence of the defendant in placing in front of his premises in Boston a pile of stones, one of which fell upon the plaintiff, who was ten years old at the time of the accident. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff ; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtAllen, J.
1. There was some evidence of negligence on the part of the defendant, viz. that in front of his premises upon which he was erecting buildings, and within the limits of the public street, and close to the space open for public travel, heavy foundation stones were piled up so insecurely as to be liable to be shaken down by passing vehicles; and that he was present personally, and gave directions as to placing the stones there.
2. There was also some evidence of due care on the part of the plaintiff, viz. that she, a young girl, while on her way home, was waiting for a moment near the pile of…
2Cases cited1 opinion
- McCauley v. NorcrossMassachusetts Supreme Judicial Court · 1892
3Cited by16 opinions
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1938
- Pickwick v. McCauliffMassachusetts Supreme Judicial Court · 1906
- St. Louis & San Francisco Railroad v. MaddenSupreme Court of Kansas · 1908
- Meehan v. GordonMassachusetts Supreme Judicial Court · 1940
- Enga v. SparksMassachusetts Supreme Judicial Court · 1943
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