Howard v. Central Amusement Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries sustained on April 16, 1913, in front of the theatre building on Union Street in Lynn constructed and owned by the defendant Central Amusement Company and occupied as a tenant by the defendant Central Amusement Operating Company, by reason of the falling upon the plaintiff of pieces of stucco defectively and negligently placed on the front of the building; and the second action by the husband of the plaintiff in the first…
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Two actions of tort, the first for personal injuries sustained on April 16, 1913, in front of the theatre building on Union Street in Lynn constructed and owned by the defendant Central Amusement Company and occupied as a tenant by the defendant Central Amusement Operating Company, by reason of the falling upon the plaintiff of pieces of stucco defectively and negligently placed on the front of the building; and the second action by the husband of the plaintiff in the first action for expenses incurred by reason of the injuries to that plaintiff. Writs dated July 3, 1913. In the Superior…
1Opinion of the CourtDe Courcy, J.
The plaintiff Fannie B. Howard, (hereinafter called the plaintiff,) while walking on the sidewalk of Union Street in Lynn, was struck by a piece of concrete or stucco which broke *346from one of the ornaments on the front of the defendant’s building. The jury returned a verdict in favor of the tenant, the Central Amusement Operating Company, and against this defendant, the owner of the property.
1. The stucco ornament from which the piece broke and fell was about three feet wide and three and a half feet long, weighing four or five hundred pounds. There was evidence for the jury that in its…
2Cases cited9 opinions
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
- Smith v. CommonwealthMassachusetts Supreme Judicial Court · 1911
- Harriott v. PlimptonMassachusetts Supreme Judicial Court · 1896
- Maloney v. HayesMassachusetts Supreme Judicial Court · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Freeman v. RobinsonMassachusetts Supreme Judicial Court · 1921
- Kelly v. Laclede Real Estate & Investment Co.Supreme Court of Missouri · 1941
- Souza v. BeckerMassachusetts Supreme Judicial Court · 1938
- Bruce v. JohnsonMassachusetts Supreme Judicial Court · 1931
3 more not listed; retrieve them via the Exa API.