Patterson v. Hemenway
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by falling down an unguarded elevator well in a building on Sudbury Street in Boston. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, which, so far as material, was as follows. On the issue as to whether the plaintiff was in the exercise of due care, evidence was introduced tending to prove the following facts.
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Tort for personal injuries occasioned to the plaintiff by falling down an unguarded elevator well in a building on Sudbury Street in Boston. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, which, so far as material, was as follows. On the issue as to whether the plaintiff was in the exercise of due care, evidence was introduced tending to prove the following facts. The elevator well was situated in a building numbered 62 Sudbury Street in Boston, of which one of the defendants was admitted to be the lessee, with the privilege of subletting, the other…
1Opinion of the CourtKnowlton, J.
The burden of proof was upon the plaintiff to show that he was in the exercise of due care at the time of the accident for which he seeks to recover. He was attempting to use an elevator in going to and from the premises of the Kimball Manufacturing Company, which were in the upper story of a building on Sudbury Street in Boston. The entrance to the elevator at the lower story was from a*- passageway, having a gate which was regularly kept locked, except during the hours from morning until sunset of each day. The mode of construction of the elevator, as well as the sign upon it, plainly…
2Cases cited4 opinions
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1886
3Cited by9 opinions
- Wise v. AckermanCourt of Appeals of Maryland · 1892
- Boles v. Hotel Maytag Co.Supreme Court of Iowa · 1934
- Kauffman v. MacHin Shirt Co.California Supreme Court · 1914
- Humphreys v. Portsmouth Trust & Guarantee Co.Massachusetts Supreme Judicial Court · 1903
- Kappes v. Brown Shoe Co.Missouri Court of Appeals · 1905
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