McIntire v. Roberts
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by falling down an unguarded elevator well in a building on Merrimack Street, a highway in Boston. Writ dated December 7, 1887. Trial in the Superior Court, before Sherman, J., who ordered a verdict for the defendants, and reported the case for the determination of this court, in substance as follows. There was evidence 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 Merrimack Street, a highway in Boston. Writ dated December 7, 1887. Trial in the Superior Court, before Sherman, J., who ordered a verdict for the defendants, and reported the case for the determination of this court, in substance as follows. There was evidence tending to prove the following facts. The defendants had occupied the building in question for several years. The elevator well, in which ran a freight elevator used by the defendants in their business, was in the front…
1Opinion of the CourtField, J.
It is plain that the opening in the wall of the building for access to the elevator from the street was outside the limits of the street, and that the plaintiff did not enter the building by any invitation of the defendants. The contention is that the defendants were negligent in leaving this opening unguarded.
It is said of the liability of the city in Alger v. Lowell, 3 Allen, 402, 405: “ The place where the plaintiff fell was indeed outside of the line of the street; but the defect in the street which occasioned the injury was the want of a railing, if one was necessary at that place to…
2Cases cited6 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
- Murray v. McShaneCourt of Appeals of Maryland · 1879
- Haughey v. HartSupreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
- State Ex Rel. Schiller v. Hecht Co.Court of Appeals of Maryland · 1933
- Hillock v. Idaho Title & Trust Co.Idaho Supreme Court · 1912
- Conley v. United Drug Co.Massachusetts Supreme Judicial Court · 1914
- Kaufman v. Boston Dye House, Inc.Massachusetts Supreme Judicial Court · 1932
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