Woods v. Naumkeag Steam Cotton Co.
Massachusetts Supreme Judicial Court
Tout for personal injuries. Answer, a general denial. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows : The defendant admitted that, on February 26, 1879, it was the owner of a certain tenement house in Salem.
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Tout for personal injuries. Answer, a general denial. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows : The defendant admitted that, on February 26, 1879, it was the owner of a certain tenement house in Salem. The plaintiff introduced evidence tending to prove that said house was fitted for four families, and contained four tenements, one of which was, at the time of the plaintiff’s injury, and since 1876 had been, occupied by the plaintiff with her husband and family, as tenants at will of the defendant; that there was a common…
1Opinion of the CourtField, J.
The plaintiff was a tenant at will, or the wife of a tenant at will, of the defendant, and she used the steps in passing from the tenement occupied by her to the street, not by the invitation of the defendant, but in the exercise of her right to use the passageway in common with others for the purpose of entering and leaving the premises let to her or to her husband. If she were the sole tenant of the house and the yard, including the steps, the defendant would not be liable in this case. A tenant who hires premises takes them as they are, and cannot complain that they were not constructed…
2Cases cited4 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Minor v. SharonMassachusetts Supreme Judicial Court · 1873
3Cited by78 opinions
- Reardon v. ShimelmanSupreme Court of Connecticut · 1925
- Iwai v. StateWashington Supreme Court · 1996
- Iwai v. StateWashington Supreme Court · 1996
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
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