McGuiness v. Butler
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the falling upon him of a marble slab belonging to the defendant. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in-substance as follows. The defendant was a marble cutter, and occupied in his business the street floor of a building on Beverly Street in Boston.
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Tort, for personal injuries occasioned to the plaintiff by the falling upon him of a marble slab belonging to the defendant. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in-substance as follows. The defendant was a marble cutter, and occupied in his business the street floor of a building on Beverly Street in Boston. In the front of the building there were supporting columns five or six feet apart, and six or seven inches thick, extending from the ground up to the second story. The front side of these columns was just up to the street line. The front…
1Opinion of the CourtMorton, J.
In order that a child may recover against one through whose negligence he claims to have been injured, it is not always sufficient for him to show that he himself was in the exercise of such care as might reasonably have been expected of him. His conduct, notwithstanding that fact, may have been that of a wrongdoer, and may have contributed to the injury of which he complains. When it clearly appears that such was the case, he cannot avoid the effect of his conduct by showing that he was doing only what a child might have been expected to do. An infant cannot shift any more than an adult the…
2Cases cited6 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Rock v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1886
- McEachern v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Ritz v. City of WheelingWest Virginia Supreme Court · 1898
- Sarna v. American Bosch Magneto Corp.Massachusetts Supreme Judicial Court · 1935
- Holbrook v. AldrichMassachusetts Supreme Judicial Court · 1897
- Urban v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1938
12 more not listed; retrieve them via the Exa API.