Salisbury v. Herchenroder
Massachusetts Supreme Judicial Court
Tort for injuries done to a building owned and occupied by the plaintiffs on the north side of Avon Street in Boston. The defendant was lessee and occupant of an adjoining building on the same street, and suspended what was called a banner-sign, bearing his name upon the banner, across the street, upon a wire rope, one end of which was fastened by an iron bolt to his building, and the other end in like manner to a building on the south side of the street.
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Tort for injuries done to a building owned and occupied by the plaintiffs on the north side of Avon Street in Boston. The defendant was lessee and occupant of an adjoining building on the same street, and suspended what was called a banner-sign, bearing his name upon the banner, across the street, upon a wire rope, one end of which was fastened by an iron bolt to his building, and the other end in like manner to a building on the south side of the street. The sign was made of net-work for the purpose of diminishing its resistance of the wind, and due care was used in its construction and…
1Opinion of the CourtChapman, C. J.
If the defendant’s sign had been rightfully placed where it was, the question would have been presented whether he had used reasonable care in securing it. If he had done so, the injury would have been caused, without his fault, by the extraordinary and unusual gale of wind which hurled it across *460the street and against the plaintiffs’ window. The party injured has no remedy for an injury of this character, because it is produced by the vis major. For example, a chimney or roof, properly constructed and secured with reasonable care, may be blown off by an extraordinary gale, and injure a…
2Cases cited1 opinion
- Polack v. PiocheCalifornia Supreme Court · 1868
3Cited by57 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Kuelling v. Roderick Lean Manufacturing Co.New York Court of Appeals · 1905
- Weeks v. McNultyTennessee Supreme Court · 1898
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