Davis v. Central Congregational Society of Jamaica Plain
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, by falling over a wall on the defendant’s premises. Trial in the Superior Court, before Gardner, J., who directed a verdict for the defendant, and reported the case for the determination of this court, in substance as follows: On October 15, 1873, the defendant,. a duly incorporated religious society, was the owner of a lot of land, with a meetinghouse thereon, bounded northeasterly by Seaverns Avenue, and southeasterly…
Read the full summary
Tort for personal injuries sustained by the plaintiff, by falling over a wall on the defendant’s premises. Trial in the Superior Court, before Gardner, J., who directed a verdict for the defendant, and reported the case for the determination of this court, in substance as follows: On October 15, 1873, the defendant,. a duly incorporated religious society, was the owner of a lot of land, with a meetinghouse thereon, bounded northeasterly by Seaverns Avenue, and southeasterly by Elm Street, both public streets in Boston. A circular driveway or path, about eighteen feet wide, ran from near the…
1Opinion of the CourtColt, J.
To maintain this action, it must be shown that the defendant corporation was chargeable with some neglect of duty which it owed to the plaintiff, by reason of which she suffered *371the injury complained of. The injury was caused by falling over a wall by the side of a passageway leading from the street to the front entrance of the defendant’s church edifice. It is alleged that this way was dangerous because of the failure of the defendant to provide by railing or other suitable protection against such an accident.
The owner or occupier of real estate is under no obligation to keep the premises…
2Cases cited4 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Larue v. Farren Hotel Co.Massachusetts Supreme Judicial Court · 1874
3Cited by57 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Comeau v. ComeauMassachusetts Supreme Judicial Court · 1934
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
52 more not listed; retrieve them via the Exa API.