Johnson v. Fainstein
Massachusetts Supreme Judicial Court
Tort, against the owner of a three story dwelling house numbered 74 on Shirley Avenue in the town of Revere by the tenant of the apartment on the second floor of the building, for personal injuries sustained on the morning of May 12, 1911, by reason of an alleged defect in a common stairway in the control of the defendant.
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Tort, against the owner of a three story dwelling house numbered 74 on Shirley Avenue in the town of Revere by the tenant of the apartment on the second floor of the building, for personal injuries sustained on the morning of May 12, 1911, by reason of an alleged defect in a common stairway in the control of the defendant. Writ in the Police Court of Chelsea dated July 13,1911. On appeal to the Superior Court the case was tried before Morton, J. The plaintiff testified in substance that the dwelling house in question was a three story building occupied by three families. The landlord occupied…
1Opinion of the CourtCrosby, J.
The plaintiff’s injuries could be found to have been caused by her foot coming in contact with two nails projecting above a tread upon a common stairway in the control of the defendant, which stairway the plaintiff had a right to use as a tenant of the defendant. One of these nails projected above the tread one sixteenth of an inch, and the other three sixteenths of an inch. It also could have been found that the defendant had notice of the presence of these projecting nails before the plaintiff was injured. If the nails amounted to a defect, the jury would have been warranted in finding that…
2Cases cited4 opinions
- Cowen v. SunderlandMassachusetts Supreme Judicial Court · 1887
- Oxford v. LeatheMassachusetts Supreme Judicial Court · 1896
- Jennings v. TompkinsMassachusetts Supreme Judicial Court · 1902
- Booth v. MerriamMassachusetts Supreme Judicial Court · 1892
3Cited by12 opinions
- Sneckner v. FeingoldMassachusetts Supreme Judicial Court · 1943
- Pastrick v. S. S. Kresge Co.Massachusetts Supreme Judicial Court · 1934
- Shwartz v. FeinbergMassachusetts Supreme Judicial Court · 1940
- Leslie v. GlazerMassachusetts Supreme Judicial Court · 1930
- Solomon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1931
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