Kent v. Todd
Massachusetts Supreme Judicial Court
Tobt, for personal injuries sustained, through the alleged negligence of the defendants in leaving open and unguarded a hoistway in a building in Boston, at the corner of Franklin Street and Arch Street.
Read the full summary
Tobt, for personal injuries sustained, through the alleged negligence of the defendants in leaving open and unguarded a hoistway in a building in Boston, at the corner of Franklin Street and Arch Street. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows: There was in the rear of the building in which the accident happened, and at the corner nearest to Franklin Street, a hoistway running from the basement to the top story. It was partitioned off from the various rooms through which it passed, but could be communicated with from each floor…
1Opinion of the CourtHolmes, J.
This is an action of tort for damage suffered by the plaintiff in consequence of falling through a hoistway. The plaintiff was tenant of the second, and the defendants of the first, story of the building where the accident happened. The leases of both parties gave them respectively the use of the hoistway in common with the other tenants. The hoistway was partitioned off from the rooms through which it passed, with bolted doors opening into it on each stoiy, and, when not in use, could be closed by two trap doors which made a floor continuous with that of the rest of the story. There was also…
2Cases cited2 opinions
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
3Cited by5 opinions
- Riley v. LissnerMassachusetts Supreme Judicial Court · 1894
- Urserleo v. RosengardMassachusetts Supreme Judicial Court · 1924
- Staley v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1919
- Harvey v. CraneMassachusetts Supreme Judicial Court · 1921
- Levitan v. ZacepitskyMassachusetts District Court, Appellate Division · 1972