Munroe v. Carlisle
Massachusetts Supreme Judicial Court
Tort, against Charles C. Hutchinson the lessor, and E. A. Carlisle and S. A. Pope the lessees, of a building on Sudbury Street in Boston, for personal injuries sustained by the plaintiff while walking on the sidewalk in front of the defendants’ building by the fall of a piece of stone from the capstone of a window in the third story of the building.
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Tort, against Charles C. Hutchinson the lessor, and E. A. Carlisle and S. A. Pope the lessees, of a building on Sudbury Street in Boston, for personal injuries sustained by the plaintiff while walking on the sidewalk in front of the defendants’ building by the fall of a piece of stone from the capstone of a window in the third story of the building. At the trial in the Superior Court, before Aiken, J., the jury returned a verdict for the plaintiff, and the defendant Hutchinson alleged exceptions. After the trial the plaintiff moved for judgment against the defendants, Carlisle and Pope, the…
1Opinion of the CourtHolmes, C. J.
This is an action of tort for personal injuries caused by the fall of a piece of stone from the capstone of a window in the third story of a .brick building. The plaintiff was struck by the stone as he was walking on the sidewalk below the window and was badly hurt. He brought this action against the landlord and tenants of the building. No question of pleading or procedure was raised at the trial, but the landlord, Hutchinson, asked the judge to direct a verdict in his *200favor. This the judge refused, and instructed the jury that if the defect in the capstone was there before the letting, the…
2Cases cited15 opinions
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