Legal Opinion

Simons v. Murray Realty, Inc.

Massachusetts Supreme Judicial Court

Decided May 1, 1953PublishedCited by 7 opinions

1Opinion of the CourtCounihan, J.

This is an action of contract or tort in which four plaintiffs seek to recover for damage to their automobiles resulting from the collapse of part of the roof of a garage owned and controlled by the defendant. The bill of exceptions sets it out as an action of tort and the plaintiffs in their brief contend that the collapse of the roof was caused by the negligence of the defendant in permitting snow to accumulate in such large quantity as to overload the roof. We consider it upon the basis of an action of tort.

The action was tried before a judge, without jury, who found for the defendant. It…

2Cases cited11 opinions

  1. Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
  2. Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
  3. Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
  4. Donnelly v. LarkinMassachusetts Supreme Judicial Court · 1951
  5. Dalton v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1922

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3Cited by7 opinions

  1. Young v. GarwackiMassachusetts Supreme Judicial Court · 1980
  2. Mallard v. WaldmanMassachusetts Supreme Judicial Court · 1960
  3. Harry Berger & Co. v. Estelle Alcock Admx.Massachusetts District Court, Appellate Division · 1966
  4. Ofgant-Jackson Chevrolet, Inc. v. MacQuadeMassachusetts Supreme Judicial Court · 1958
  5. Solomont v. MurphyMassachusetts District Court, Appellate Division · 1968

2 more not listed; retrieve them via the Exa API.

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