Field v. Gowdy
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred at about six o’clock in the afternoon of December 12, 1904, while the plaintiff was travel-ling on foot over a concrete sidewalk on Chapel Street, a public way in the town of Westfield, from falling by reason of stepping on a ridge of ice formed from water which had flowed upon the sidewalk from spouts upon the house of the defendant.
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Tort for personal injuries incurred at about six o’clock in the afternoon of December 12, 1904, while the plaintiff was travel-ling on foot over a concrete sidewalk on Chapel Street, a public way in the town of Westfield, from falling by reason of stepping on a ridge of ice formed from water which had flowed upon the sidewalk from spouts upon the house of the defendant. Writ dated January 20, 1905. In the Superior Court the case was tried before Hitehcoclc, J. The facts which could have been found upon the evidence presented at the trial are stated in the opinion. The judge refused to rule…
1Opinion of the CourtRugg, J.
This is an action of tort by the plaintiff, a traveller upon a public sidewalk, against the defendant, an abutting landowner, for collecting water from his roof and conducting it through a spout to his own walk, whence it flowed by natural slant to the public walk and froze, so that the plaintiff while walking with due care after dark on a December day slipped and was injured.
1. The refusal of the trial judge to rule that the plaintiff was not entitled to recover was correct. There was evidence that the plaintiff was in the exercise of due care. A landowner has a right to change the surface…
2Cases cited21 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
16 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Commonwealth v. FlynnMassachusetts Supreme Judicial Court · 1972
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. MakarewiczMassachusetts Supreme Judicial Court · 1956
79 more not listed; retrieve them via the Exa API.