Mellen v. Morrill
Massachusetts Supreme Judicial Court
Tort. At the trial in the Superior Court, before Pitman, J the plaintiff offered to prove the following facts: In February 1877, the defendant was the owner of a dwelling-house in Norwood, which he had let by paroi to a tenant, who occupied it for a dwelling-house and market.
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Tort. At the trial in the Superior Court, before Pitman, J the plaintiff offered to prove the following facts: In February 1877, the defendant was the owner of a dwelling-house in Norwood, which he had let by paroi to a tenant, who occupied it for a dwelling-house and market. The walk or path leading from the street to the front door of the building was unsafe and dangerous, and was in that condition prior to the letting of the building, and its condition was known to the defendant. The plaintiff in the night-time, while in the exercise of due care, was passing along this path or walk, for…
1Opinion of the CourtMorton, J.
It appears that the plaintiff was injured by falling down an embankment adjoining a walk leading from the street to the door of a building owned by the defendant but-leased to a tenant. The accident happened in the night-time. There was no defect in the walk itself. It was rendered dangerous, if at all, by the want of a railing, or by the absence of a light or some other warning. The plaintiff can hold the defendant liable only upon the ground that he was guilty of negligence towards her.
*546The occupier of a building, who negligently permits the building or the access to it to be in an unsafe…
2Cases cited2 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Leonard v. StorerMassachusetts Supreme Judicial Court · 1874
3Cited by36 opinions
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
- Crogan v. SchieleSupreme Court of Connecticut · 1885
- Kearines v. CullenMassachusetts Supreme Judicial Court · 1903
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