Bowe v. Hunking
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff’s intestate, Eliza M. Bowe, by a defective stairway in a tenement owned by the defendants, and of which the intestate and her husband, the plaintiff, were tenants. Trial in the Superior Court, before Aldrich, J., who reported the case for the determination of this court, in substance as follows: The action was originally brought by Eliza M. Bowe; and after her death was prosecuted by her husband as administrator.
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Tort for personal injuries occasioned to the plaintiff’s intestate, Eliza M. Bowe, by a defective stairway in a tenement owned by the defendants, and of which the intestate and her husband, the plaintiff, were tenants. Trial in the Superior Court, before Aldrich, J., who reported the case for the determination of this court, in substance as follows: The action was originally brought by Eliza M. Bowe; and after her death was prosecuted by her husband as administrator. It was admitted that the defendants were the owners of the tenement in question; but the interest of Mrs. Sarah S. Hunting, one…
1Opinion of the CourtField, J.
There is no warranty implied in the letting of an unfurnished house or tenement that it is reasonably fit for use. Dutton v. Gerrish, 9 Cush. 89. Foster v. Peyser, 9 Cush. 242. Doupe v. Genin, 45 N. Y. 119. Hart v. Windsor, 12 M. & W. 68. Sutton v. Temple, 12 M. & W. 52. Wilson v. Finch Hatton, 2 Ex. D. 336. The tenant takes an estate in the premises hired, and persons who occupy by his permission, or as members of his family, cannot be considered as occupying by .the invitation of the landlord, so as to create a greater liability .on the part of the landlord to them than to the tenant. The…
2Cases cited9 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
- Minor v. SharonMassachusetts Supreme Judicial Court · 1873
- Doupe v. . GeninNew York Court of Appeals · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Sargent v. RossSupreme Court of New Hampshire · 1973
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
66 more not listed; retrieve them via the Exa API.