Boomer v. Wilbur
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the fall of brick and mortar from a chimney on the house of the defendants in Taunton upon the plaintiff while she was passing below on the sidewalk. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff; and the defendants alleged exceptions, which appear in the opinion.
1Opinion of the CourtHammond, J.
The court instructed the jury in substance that where, under á contract between the owner of a house and the person doing the work, work is done upon the house, and the owner retains the right of access to and the control of the premises, and such work is ordinarily attended with danger to the public unless proper precautions are taken to avoid it, the owner *483is bound to the exercise of due care to see that such precautions are taken for the safety of the public; and if by reason of the failure to take such precautions a person lawfully on the street and in the exercise of due care is injured,…
2Cases cited8 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Thompson v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Curtis v. KileyMassachusetts Supreme Judicial Court · 1891
- Pye v. FaxonMassachusetts Supreme Judicial Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Davis v. John L. Whiting & Son Co.Massachusetts Supreme Judicial Court · 1909
- Pickett v. Waldorf System, Inc.Massachusetts Supreme Judicial Court · 1922
- Hyman v. . BarrettNew York Court of Appeals · 1918
38 more not listed; retrieve them via the Exa API.