O'Malley v. Twenty-Five Associates
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff, while hoisting coal by means of a fall and tackle, on real estate owned by the defendant corporation in Clinton. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries received by the plaintiff, while hoisting coal by means of a fall and tackle, on real estate owned by the defendant corporation in Clinton. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that there was situate upon land owned in fee by the defendant, on the corner of High Street and Pond Court in Clinton, a brick block, rectangular in shape, four stories in height in front and five stories in the rear, occupied by tenants in tenements and lodging rooms, and as stores on…
1Opinion of the CourtField, C. J.
There was evidence for the jury that the hoisting apparatus was put in by the defendant, and was intended to be used by all the tenants of the building, and that it was not in the exclusive control of any one tenant, but was under the general control of the landlord, subject to the use of it by all the tenants.
The exceptions recite: “ The plaintiff called witnesses to show that, within a few days after said apparatus fell and was broken, the defendant put another in its place, and has ever since maintained it for the use of the tenants aforesaid. Counsel for plaintiff stated that this…
2Cases cited12 opinions
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Learoyd v. GodfreyMassachusetts Supreme Judicial Court · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- Laskowski v. ManningMassachusetts Supreme Judicial Court · 1950
- O'Malley v. Twenty-Five AssociatesMassachusetts Supreme Judicial Court · 1901
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
7 more not listed; retrieve them via the Exa API.