Peaks v. Cobb
Massachusetts Supreme Judicial Court
Tout for injuries received by the plaintiff alleged to have been due to a defective walk on premises occupied by a building of the defendant wherein she had lodgings with one of the defendant’s tenants. Writ in the Superior Court for the county of Suffolk dated March 25, 1901. There was a trial before Bond, J. At the conclusion of the evidence the defendant requested that a verdict for him be directed, and his request was refused.
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Tout for injuries received by the plaintiff alleged to have been due to a defective walk on premises occupied by a building of the defendant wherein she had lodgings with one of the defendant’s tenants. Writ in the Superior Court for the county of Suffolk dated March 25, 1901. There was a trial before Bond, J. At the conclusion of the evidence the defendant requested that a verdict for him be directed, and his request was refused. Thereupon, by agreement of parties, a verdict for the plaintiff was returned and the case was reported by the presiding judge to this court for the determination of…
1Opinion of the CourtKnowltok, C. J.
The defendant leased the premises in his building to one Mrs. St. Leger. The plaintiff was injured upon a walk leading to the building, which was alleged to have been negligently left by the defendant in a dangerous condition. It was assumed at the trial that if the plaintiff was a member of Mrs. St. Leger’s household, lawfully claiming in her right, there was evidence proper for the consideration of the jury.
In the defendant’s lease to Mrs. St. Leger there was a cove-' nant of the lessee not to “lease, nor underlet, nor permit any *555other person or persons to occupy or improve the same, or…
2Cases cited2 opinions
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Day v. City of LawrenceMassachusetts Supreme Judicial Court · 1897
3Cited by10 opinions
- Baldwin v. McEldowneySupreme Court of Pennsylvania · 1936
- Beall v. EversonDistrict of Columbia Court of Appeals · 1943
- Leslie v. GlazerMassachusetts Supreme Judicial Court · 1930
- Ross v. HanerCourt of Appeals of Texas · 1922
- Bowley v. FullerSupreme Judicial Court of Maine · 1921
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