Gillis v. Cambridge Gas Light Co.
Massachusetts Supreme Judicial Court
Two actions, op tort, as stated in the opinion. Writs dated August 19, 1907. In the Superior Court the cases were tried together before Stevens, J., who at the close of the plaintiffs’ evidence ordered verdicts for the defendant; and the plaintiffs alleged exceptions. G. H. Mellen, (J. B. Vallely with him,) for the plaintiffs. H. C. Sawyer, for the defendant.
1Opinion of the CourtBraley, J.
In walking over a public way * Mrs. Gillis observed a covered coal hole, but as the sidewalk appeared to be safe, she stepped on the cover, when it gave way, causing personal injuries, for which in the first action she seeks compensation, while in the second action her husband asks damages for loss of consortium.
It is settled that her knowledge of the existence of the covered hole and her failure to avoid it in passing would not as matter of law preclude recovery, as the question whether she used ordinary care would be for the jury. Wakefield v. Boston Coal Co. 197 Mass. 527.
But, if it could…
2Cases cited11 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- French v. Boston Coal Co.Massachusetts Supreme Judicial Court · 1907
- Woodall v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Lang v. TerryMassachusetts Supreme Judicial Court · 1895
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3Cited by10 opinions
- McGinley v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1924
- Hill v. NortonWest Virginia Supreme Court · 1914
- Dennehy v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1947
- Meyer v. Veolia Energy North AmericaMassachusetts Supreme Judicial Court · 2019
- Flaherty v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1958
5 more not listed; retrieve them via the Exa API.