Gunning v. King
Massachusetts Supreme Judicial Court
Tort against the lessees and the sublessees of the building numbered 272 on Franklin Street in Boston for personal injuries sustained at about half past three o’clock on the morning of June 28, 1907, by reason of stepping into an open coal hole in the sidewalk in front of that building when the plaintiff was walking down Franklin Street on her way to her work.
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Tort against the lessees and the sublessees of the building numbered 272 on Franklin Street in Boston for personal injuries sustained at about half past three o’clock on the morning of June 28, 1907, by reason of stepping into an open coal hole in the sidewalk in front of that building when the plaintiff was walking down Franklin Street on her way to her work. Writ dated February 25, 1908. In the Superior Court the case was tried before King, J. It was admitted that the coal hole and cover at the time of the plaintiff’s injury were in the control of the sublessees. The defendants offered no…
1Opinion of the CourtCarroll, J.
The plaintiff was injured by stepping into a coal hole in the sidewalk in front of the premises 272 Franklin Street, Boston, about thirty minutes after three o’clock on the morning of June 28, 1907. The iron'cover, about a foot in diameter, was found at the time of the accident, eight or nine inches away from the hole. The cover fitted in a rabbet and was held in position by its own weight. It also was .fastened by a weight held in place by a heavy wire fastened to a ring in the bottom of the cover. There was evidence that this weight was attached to prevent “it from being lifted at night by…
2Cases cited5 opinions
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Childs v. American Express Co.Massachusetts Supreme Judicial Court · 1908
- Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Obertoni v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1904
- Deagle v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1914
3Cited by11 opinions
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- City of Cleveland v. AmatoOhio Supreme Court · 1931
- Douglas v. Holyoke Machine Co.Massachusetts Supreme Judicial Court · 1919
- Guell v. TenneyMassachusetts Supreme Judicial Court · 1928
- Renneckar v. Canton Terminal Restaurant, Inc.Ohio Supreme Court · 1947
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