Kearines v. Cullen
Massachusetts Supreme Judicial Court
Tort for personal injuries as stated by the court. Writ in the Municipal Court of the City of Boston dated July 25, 1901. On appeal to the Superior Court the case was tried before Aiken, J. At the close of the evidence the defendant asked the j udge to rule: 1. That at the time of the happening of the accident the plaintiff was not in the exercise of due care. 2. That at the time of the happening of the accident the defendant was not negligent. 3. That upon all the evidence…
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Tort for personal injuries as stated by the court. Writ in the Municipal Court of the City of Boston dated July 25, 1901. On appeal to the Superior Court the case was tried before Aiken, J. At the close of the evidence the defendant asked the j udge to rule: 1. That at the time of the happening of the accident the plaintiff was not in the exercise of due care. 2. That at the time of the happening of the accident the defendant was not negligent. 3. That upon all the evidence the plaintiff was not entitled to recover. The judge refused to give any of these rulings, and the jury returned a…
1Opinion of the CourtBraley, J.
This is an action of tort for personal injuries suffered by the plaintiff by reason of the giving way of an alleged defective step leading to a tenement in the building owned *299by the defendant, and hired and occupied at the time by the plain tiff’s husband.
This building was a dwelling-house one story and a half in height, divided into two tenements by a partition through the centre, with a front door to each. These doors were adjoining, but were separated by the partition. The thresholds of the doors, being some twelve inches above the ground level, were approached by a step or tread which was…
2Cases cited8 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
- McKeon v. CutterMassachusetts Supreme Judicial Court · 1892
- McLean v. Fiske Wharf & Warehouse Co.Massachusetts Supreme Judicial Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Fiorntino v. MasonMassachusetts Supreme Judicial Court · 1919
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Nash v. WebberMassachusetts Supreme Judicial Court · 1910
- Bell v. SiegelMassachusetts Supreme Judicial Court · 1922
- Hannon v. SchwartzMassachusetts Supreme Judicial Court · 1939
31 more not listed; retrieve them via the Exa API.