Clifford v. Atlantic Cotton Mills
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the fall of snow from a building. At the trial in the Superior Court, before Hammond, J., without a jury, there was evidence that the defendant owned a block of dwelling-houses on Canal Street in Lawrence; that the block was three stories high, constructed with a steep slate roof, slanting towards the sidewalk, the ridgepole being parallel therewith, and that the roof had no protection or railing to keep the snow from…
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Tort for personal injuries occasioned to the plaintiff by the fall of snow from a building. At the trial in the Superior Court, before Hammond, J., without a jury, there was evidence that the defendant owned a block of dwelling-houses on Canal Street in Lawrence; that the block was three stories high, constructed with a steep slate roof, slanting towards the sidewalk, the ridgepole being parallel therewith, and that the roof had no protection or railing to keep the snow from falling upon the sidewalk; that the plaintiff was going along the sidewalk, in the exercise of due care, when a large…
1Opinion of the CourtHolmes, J.
This is an action for personal injuries done to the plaintiff by the fall of snow from the roof of the defendant’s house into the highway. The whole house was let at the time to *48a tenant, and the only difference between this case and Leonard v. Storer, 115 Mass. 86, is, that there the tenant had agreed to make all needful repairs, while in the case at bar there was no contract on either side, but the landlord reserved the right to. enter the "premises to repair the same, or to ascertain if the same were properly used, &c. This difference cannot affect the result, because the damage was not…
2Cases cited15 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Swords v. . EdgarNew York Court of Appeals · 1874
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Kilmer v. WhiteNew York Court of Appeals · 1930
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
59 more not listed; retrieve them via the Exa API.