Toomey v. Sanborn
Massachusetts Supreme Judicial Court
Tort for personal injuries. The third count of the declaration was as follows: “ The defendant carelessly and negligently removed the planking of a certain passageway, thereby uncovering an excavation and hole beneath, and neglected to properly guard the same, and warn and notify those' using said passageway of the removal of said plank, and the existence of said opening, excavation, and hole; and said passageway was thereby rendered unsafe to those using the same.
Read the full summary
Tort for personal injuries. The third count of the declaration was as follows: “ The defendant carelessly and negligently removed the planking of a certain passageway, thereby uncovering an excavation and hole beneath, and neglected to properly guard the same, and warn and notify those' using said passageway of the removal of said plank, and the existence of said opening, excavation, and hole; and said passageway was thereby rendered unsafe to those using the same. The plaintiff was rightfully using said passageway, and was in the exercise of due care, and in consequence of the aforesaid…
1Opinion of the CourtField, J.
The single exception argued by the defendant is to the refusal of the court to rule “ that on the whole evidence the plaintiff was not entitled to recover under the third count.” It appears that estate No. 5 was owned by the wife of the *33defendant, but had been let to a tenant who occupied it; that the defendant and his wife boarded and lived with the tenant in the house on the estate; that the defendant was .personally-supervising repairs which were being made upon the house, and had directed that a plank be removed from the floor of the passageway; and that this had caused a dangerous hole…
2Cited by21 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Schmidt v. BauerCalifornia Supreme Court · 1889
- Morrison v. CarpenterMichigan Supreme Court · 1914
16 more not listed; retrieve them via the Exa API.