Khron v. Brock
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a piece of zinc falling or being blown by the wind upon her from the roof of the defendant’s house.
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Tort for personal injuries occasioned to the plaintiff by a piece of zinc falling or being blown by the wind upon her from the roof of the defendant’s house. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence, that the defendant was the owner of a dwelling-house and land on Tufts Street in Boston ; and that, on December 23,1884, while the plaintiff was walking on the sidewalk adjoining and opposite the house, a piece of zinc, which formed a cap for the brick wall which extended a few inches above the roof of…
1Opinion of the CourtDeyens, J.
The first ruling requested was that the defendant was not liable in this action, unless the zinc (by the falling of which the injury occurred) was unfastened by him and was negligently and carelessly so left unfastened. This instruction should not have been given. It is the duty of the owner of a building under his own control and in his own occupation, as *519between himself and the public, to keep it in such safe condition that travellers On the highway shall not suffer injury. Gray v. Boston Gas Light Co. 114 Mass. 149, and cases cited.
It was a disputed question whether one Blevins, who had…
2Cases cited2 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
3Cited by23 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Frewen v. PageMassachusetts Supreme Judicial Court · 1921
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- District of Columbia v. TottenCourt of Appeals for the D.C. Circuit · 1925
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