Palmigiani v. D'Argenio
Massachusetts Supreme Judicial Court
Tort, against the owners of a building numbered 16H Bremen Street in that part of Boston called East Boston, for personal injuries sustained by the plaintiff on January 23, 1917, in falling down’ a stairway in that portion of the building let to her husband for a tenement under a tenancy at will. Writ dated March 9, 1917. In the Superior Court the action was tried before Hitchcock, J. Material facts are described in the opinion.
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Tort, against the owners of a building numbered 16H Bremen Street in that part of Boston called East Boston, for personal injuries sustained by the plaintiff on January 23, 1917, in falling down’ a stairway in that portion of the building let to her husband for a tenement under a tenancy at will. Writ dated March 9, 1917. In the Superior Court the action was tried before Hitchcock, J. Material facts are described in the opinion. The plaintiff asked for the following rulings: “If you believe that the defendants violated the provisions of St. 1907, c. 550, § 127, in failing to maintain these…
1Opinion of the CourtBraley, J.
It having been settled by numerous decisions that because the stairs on which the plaintiff fell were let as part of the tenement to her husband and over which no control was exercised or retained by the defendants, there can be no recovery for personal injuries suffered by the tenant or members of his family unless at the time of the letting the landlord by special agreement undertakes to make repairs either with or without notice, the plaintiff introduced evidence from which the jury could find that the defendants did agree to repair “an alleged existing defective condition on the stairway,…
2Cases cited8 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Fiorntino v. MasonMassachusetts Supreme Judicial Court · 1919
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Draper v. CottingMassachusetts Supreme Judicial Court · 1918
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3Cited by23 opinions
- Aldworth v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1936
- Richmond v. Warren Institution for SavingsMassachusetts Supreme Judicial Court · 1940
- Wynn v. SullivanMassachusetts Supreme Judicial Court · 1936
- Garland v. StetsonMassachusetts Supreme Judicial Court · 1935
- Newman v. Sears, Roebuck & Co.North Dakota Supreme Court · 1950
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