Handyside v. Powers
Massachusetts Supreme Judicial Court
Tort, against the owner of a building in Springfield, for personal injuries occasioned to the plaintiff by a fall down the elevator well in said building. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court, in substance as follows: The plaintiff testified as follows: “ I am a plumber. On May 12, 1885, I was hired by M. J. King, a tenant of a portion of the building, to do some work therein.
Read the full summary
Tort, against the owner of a building in Springfield, for personal injuries occasioned to the plaintiff by a fall down the elevator well in said building. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court, in substance as follows: The plaintiff testified as follows: “ I am a plumber. On May 12, 1885, I was hired by M. J. King, a tenant of a portion of the building, to do some work therein. I was taken to the top or fourth floor, and was shown the sink and water-closet, and was told that the waste water to the sink and the aqueduct water…
1Opinion of the CourtDevens, J.
Without considering whether the plaintiff was an intruder or a licensee in entering on the premises, we do not find that there was evidence in the case of neglect on the part of the defendant. The door to the elevator had been provided with a lock, had been locked, and the key deposited in the defendant’s office. This was the only key known by the defendant or his agent to exist, and it was found in its place in the defendant’s office after the accident. There was evidence that a key had been procured by King and used, but without the consent or knowledge of the defendant or his agent, and…
2Cited by5 opinions
- State Ex Rel. Schiller v. Hecht Co.Court of Appeals of Maryland · 1933
- Texas Loan Agency v. FlemingTexas Supreme Court · 1899
- Manning v. ShermanSupreme Judicial Court of Maine · 1913
- Framingham Homes, Inc. v. DietzMassachusetts Supreme Judicial Court · 1942
- City of Worcester v. HoffmanMassachusetts Supreme Judicial Court · 1963