Brewer v. Farnam
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff at about half past five o’clock on December 24, 1906, when he was walking along the sidewalk of Sudbury Street in Boston, by reason of an accumulation or mass of ice falling upon him from a defective spout or water conductor negligently maintained and allowed to remain as a nuisance upon a building owned and controlled by the defendants.
Read the full summary
Tort for personal injuries alleged to have been sustained by the plaintiff at about half past five o’clock on December 24, 1906, when he was walking along the sidewalk of Sudbury Street in Boston, by reason of an accumulation or mass of ice falling upon him from a defective spout or water conductor negligently maintained and allowed to remain as a nuisance upon a building owned and controlled by the defendants. Writ dated June 18, 1907. In the Superior Court the case was tried before White, J. The evidence is described in the opinion, where also the rulings of the judge are stated. The jury…
1Opinion of the CourtLoring, J.
At the time here in question the plaintiff was walking on the sidewalk in front of the building numbered 20-24 Sudbury Street in the city of Boston and was injured by ice falling on him. There was evidence that this ice came from what is spoken of in" the bill of exceptions as the drain pipe, the conductor pipe and the water spout. We understand this to have been an iron pipe on the outside of the building, to carry away the water from the gutter which ran around the outside of the roof; and we shall speak of it as the conductor pipe.
The building numbered 20-24 Sudbury Street was a six story…
2Cases cited2 opinions
- Hutchinson v. CummingsMassachusetts Supreme Judicial Court · 1892
- Davis v. RichMassachusetts Supreme Judicial Court · 1902
3Cited by5 opinions
- Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
- Connors v. RichardsMassachusetts Supreme Judicial Court · 1918
- Roland v. KilroyMassachusetts Supreme Judicial Court · 1933
- Woodman v. ShepardMassachusetts Supreme Judicial Court · 1921
- Donahue v. M. O'Keefe, Inc.Massachusetts Supreme Judicial Court · 1926