Domenicis v. Fleisher
Massachusetts Supreme Judicial Court
Tort by a minor, by her father and next friend, for personal injuries received by the plaintiff while occupying a room in the tenement of her parents in a building on Salem Street in Boston owned by the defendants. Writ in the Municipal Court of the City of Boston dated August 17, 1901. On appeal the case was tried in the Superior Court before Aikén, C. J. It was agreed that the defendants at the time of the injury owned the building.
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Tort by a minor, by her father and next friend, for personal injuries received by the plaintiff while occupying a room in the tenement of her parents in a building on Salem Street in Boston owned by the defendants. Writ in the Municipal Court of the City of Boston dated August 17, 1901. On appeal the case was tried in the Superior Court before Aikén, C. J. It was agreed that the defendants at the time of the injury owned the building. The plaintiff testified that at the time of the injury complained of she was asleep in a room' in the building of the defendants; that this building was a…
1Opinion of the CourtLoring, J.
It is settled that, in case of the lease of a tenement in a building where the entries and stairways or other parts of the building remain in the control of the land*283lord for the common use of tenants, the landlord is under some obligation to keep them in condition. Looney v. McLean, 129 Mass. 33. Andrews v. Williamson, 193 Mass. 92. Miller v. Hancock, [1893] 2 Q. B. 177. Hargroves v. Hartopp, [1905] 1 K. B. 472.
It also is settled that the measure of the landlord’s obligation is to use due care to keep that portion of the premises remaining in his control for the use of the tenants in the same…
2Cases cited12 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
- Wilcox v. ZaneMassachusetts Supreme Judicial Court · 1897
- Shute v. BillsMassachusetts Supreme Judicial Court · 1906
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3Cited by41 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Flanagan v. WelchMassachusetts Supreme Judicial Court · 1915
- Gallagher v. MurphyMassachusetts Supreme Judicial Court · 1915
- Nash v. WebberMassachusetts Supreme Judicial Court · 1910
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