Lindsey v. Leighton
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by falling down a flight of steps leading from the street to a tenement which he occupied, and which was let to him by the defendant.
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Tort for personal injuries occasioned to the plaintiff by falling down a flight of steps leading from the street to a tenement which he occupied, and which was let to him by the defendant. At the trial in the Superior Court, before Blodgett, J., there was evidence that the steps afforded the only means of access from the street to the tenement; that there was a platform at the head of the flight of steps; and that on the evening of October 11,1888, the plaintiff in going to his tenement stepped upon a loose board or plank in the platform, which tipped up and threw him down the steps, causing…
1Opinion of the CourtC. Allen, J.
1. It was a question of fact whether the relation of landlord and tenant existed between , the parties. The actual ownership of the premises is only one element to be considered in determining this question. One may be a landlord who is not the owner. The tenant cannot escape from his obli*288gations by showing that his landlord had no legal title; nor can the landlord escape from his obligations by showing the same thing. The obligations of the tenant to his landlord, and of the landlord to his tenant, are reciprocal; and they depend upon the existence of that relation, and not upon the validity…
2Cases cited6 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Watkins v. GoodallMassachusetts Supreme Judicial Court · 1885
- Holbrook v. YoungMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
- Willcox v. HinesTennessee Supreme Court · 1898
- Crowe v. BixbyMassachusetts Supreme Judicial Court · 1921
- Ziulkowski v. KolodziejSupreme Court of Connecticut · 1934
- Connors v. WickMassachusetts Supreme Judicial Court · 1945
45 more not listed; retrieve them via the Exa API.