Fera v. Child
Massachusetts Supreme Judicial Court
Tort to recover damages done to the goods and property of the plaintiff by the bursting of a water pipe. The case was heard in the Superior Court, trial by jury being waived, by Lord, J., who after judgment for the plaintiff allowed a bill of exceptions in substance as follows : “ The defendant was the owner of a building in which the accident occurred.
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Tort to recover damages done to the goods and property of the plaintiff by the bursting of a water pipe. The case was heard in the Superior Court, trial by jury being waived, by Lord, J., who after judgment for the plaintiff allowed a bill of exceptions in substance as follows : “ The defendant was the owner of a building in which the accident occurred. She leased the store on the first floor and the cellar of this building to George W. Vinton, by indenture dated April 9, 1866, for a term of ten years, and by indenture of the same date she leased all of said building over said store for a…
1Opinion of the CourtMorton, J.
This is an action to recover damages for an injury to the goods of the plaintiff in the store leased by him of the defendant, caused by the bursting of the water pipes in a part of the building not included in the lease. The plaintiff’s lease contains the following provision: “ And it is also hereby understood and expressly agreed by the parties to this indenture, that all merchandise, furniture and property of every kind, which may be on the premises during the continuance of this lease, is to be at the sole risk and hazard of the lessee, and that if the whole or any part thereof shall be…
2Cited by13 opinions
- McCutcheon v. United Homes Corp.Washington Supreme Court · 1971
- Clarke v. AmesMassachusetts Supreme Judicial Court · 1929
- Malden Knitting Mills v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1938
- Smith v. FaxonMassachusetts Supreme Judicial Court · 1892
- Robinson v. TateCourt of Appeals of Tennessee · 1950
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