Dickie v. Davis
Massachusetts Supreme Judicial Court
Tort against Ada M. Davis, the owner, and Charles H. Green-leaf and Edward W. Knight, co-partners, doing business under the name, C. H. Greenleaf and Company, the lessees of the building known as the Hotel Vendóme in Boston, for personal injuries caused by the plaintiff falling through a grating covering a well in the floor of a penthouse on the roof of the building.
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Tort against Ada M. Davis, the owner, and Charles H. Green-leaf and Edward W. Knight, co-partners, doing business under the name, C. H. Greenleaf and Company, the lessees of the building known as the Hotel Vendóme in Boston, for personal injuries caused by the plaintiff falling through a grating covering a well in the floor of a penthouse on the roof of the building. Writ dated February 12, 1912. In the Superior Court, the case was tried before White, J. The plaintiff made an offer of proof in wilting, which included an offer of evidence tending to prove the following facts among others: The…
1Opinion of the CourtBraley, J.
The presiding judge upon the facts stated in the opening for the plaintiff ruled that, if proved, the action could not be maintained against either of the defendants, and, having ordered a verdict, reported the case to this court.
The defendant Davis and the defendants Greenleaf and Knight ' are respectively the owner and lessees of the hotel property, and it is unquestioned that the lessees were in possession and control when they made the contract with the plaintiff’s employer for the construction of a sun parlor on the roof. The penthouse where the plaintiff was injured had not been…
2Cases cited11 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Learoyd v. GodfreyMassachusetts Supreme Judicial Court · 1885
- Cowen v. KirbyMassachusetts Supreme Judicial Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Freeman v. United Fruit Co.Massachusetts Supreme Judicial Court · 1916
- O'Brien v. Harvard Restaurant & Liquor Co.Massachusetts Supreme Judicial Court · 1941
- Cohen v. DaviesMassachusetts Supreme Judicial Court · 1940
- McNamara v. MacLeanMassachusetts Supreme Judicial Court · 1939
- Rosenston v. Bickford Shoes, Inc.Massachusetts Supreme Judicial Court · 1960
3 more not listed; retrieve them via the Exa API.