Legal Opinion

Miles v. Janvrin

Massachusetts Supreme Judicial Court

Decided January 6, 1909PublishedCited by 55 opinions

Two ACTIONS OE TORT, the first by a married woman for ersonal injuries received by her at about seven o’clock in the evening of October 17, 1903, from one of the steps leading to a house on Hillside Avenue in Revere, which her husband had hired from the defendant’s intestate, giving way when the plaintiff stepped on it as she was going to take a car for Chelsea in company with her brother, and the second by the husband of the plaintiff in the first case for the loss of her…

Read the full summary

Two ACTIONS OE TORT, the first by a married woman for ersonal injuries received by her at about seven o’clock in the evening of October 17, 1903, from one of the steps leading to a house on Hillside Avenue in Revere, which her husband had hired from the defendant’s intestate, giving way when the plaintiff stepped on it as she was going to take a car for Chelsea in company with her brother, and the second by the husband of the plaintiff in the first case for the loss of her services in consequence of her injuries. Writs dated December 19, 1904. At the first trial of the first case in the…

1Opinion of the CourtKnowlton, C. J.

There was evidence in this case which would warrant the jury in finding that the plaintiff was in the exercise of due care and that the defendant’s intestate was negligent, if the relation of the parties in regard to the steps was such that the defendant owed the plaintiff a duty to look after their condition and provide for their safety during the term of occupation of the plaintiff’s husband as a tenant. The steps were a part of the premises let. As a general rule a tenant takes the premises as he finds them, with no duty on the part of the landlord to repair them, or provide for their…

2Cases cited3 opinions

  1. Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
  2. Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
  3. Dickinson v. RichmondMassachusetts Supreme Judicial Court · 1867

3Cited by55 opinions

  1. Fiorntino v. MasonMassachusetts Supreme Judicial Court · 1919
  2. Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
  3. Silver v. GravesMassachusetts Supreme Judicial Court · 1911
  4. Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
  5. Flanagan v. WelchMassachusetts Supreme Judicial Court · 1915

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API