Legal Opinion

McKenzie v. Cheetham

Supreme Judicial Court of Maine

Decided June 1, 1891PublishedCited by 13 opinions

On exceptions. This was an action on the case in which the plaintiff declared as follows : "For that the said defendant, at said Lewiston, on the 10th day of January, 1889, was the owner of a certain building situated on the easterly side of Lisbon Street, in said Lewiston, and numbered 292 ; that a certain tenement in said building was then and there let by the defendant to one Sampson, who occupied the same as a dwelling-house; that said tenement was up-stairs, and the way…

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On exceptions. This was an action on the case in which the plaintiff declared as follows : "For that the said defendant, at said Lewiston, on the 10th day of January, 1889, was the owner of a certain building situated on the easterly side of Lisbon Street, in said Lewiston, and numbered 292 ; that a certain tenement in said building was then and there let by the defendant to one Sampson, who occupied the same as a dwelling-house; that said tenement was up-stairs, and the way of ingress and egress to and from the same ivas over a short flight of stairs, with a short flight of stairs joining a…

1Opinion of the CourtVirgin, J.

Action on the case by a guest of the sole tenant ■of a second-story tenement, occupied as a dwelling-house, against the landlord to recover damages for a personal injury caused by the defective landing of a stairway which was the only means of ingress and egress to and from the tenement.

The tenancy commenced in October, 1888. On the evening of January, 10, following, the plaintiff made a social call on the tenant; and when in the act of leaving, he reached the landing it fell and caused the injury for which damages are sought.

The foundation of the action is alleged negligence on the part of…

2Cases cited12 opinions

  1. Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
  2. Jaffe v. . HarteauNew York Court of Appeals · 1874
  3. Ahern v. . SteeleNew York Court of Appeals · 1889
  4. Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
  5. Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883

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

3Cited by13 opinions

  1. Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
  2. Mesher v. OsborneWashington Supreme Court · 1913
  3. Morgan v. SheppardSupreme Court of Alabama · 1908
  4. Bender v. WeberSupreme Court of Missouri · 1913
  5. De Motte v. ArkellCalifornia Court of Appeal · 1926

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

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