Cavanaugh v. Smith
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of William Roy Cavanaugh, who when he died was a boy eight years of age, for causing his conscious suffering and his death on September 16,1914, from an injury received on June 24, 1914, by the falling upon him of a heavy iron grating that was leaning against the wall of a passageway belonging to and maintained by the defendants, leading from West Concord Street in Boston to an area or yard that was back of a number of houses…
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Tort, by the administrator of the estate of William Roy Cavanaugh, who when he died was a boy eight years of age, for causing his conscious suffering and his death on September 16,1914, from an injury received on June 24, 1914, by the falling upon him of a heavy iron grating that was leaning against the wall of a passageway belonging to and maintained by the defendants, leading from West Concord Street in Boston to an area or yard that was back of a number of houses belonging to the defendants and occupied by their tenants. Writ dated December 10, 1914. In the Superior Court the case was…
1Opinion of the CourtBraley, J.
The passageway was provided for the use of the defendants’ tenants as a means of access on foot and by carriage to their respective tenements, and the plaintiff’s intestate, as the jury could find, was injured while passing over the way as the companion of a juvenile son of a tenant who “had invited him in there to play.” If, without deciding, it is assumed that the intestate as a visitor of the son was using the way in the tenant’s right, Coupe v. Platt, 172 Mass. 458, 459, we are of opinion that the evidence fails to show that the fall of the grating resulted from the defendants’ negligence.
2Cases cited5 opinions
- Coupe v. PlattMassachusetts Supreme Judicial Court · 1899
- Hofnauer v. R. H. White Co.Massachusetts Supreme Judicial Court · 1904
- Nelson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Carter v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Langley v. WheelockMassachusetts Supreme Judicial Court · 1902
3Cited by7 opinions
- Maruca v. PhillipsSupreme Court of Connecticut · 1952
- Ryder v. RobinsonMassachusetts Supreme Judicial Court · 1952
- Geary v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1957
- Van Andel v. SmithCourt of Appeals for the Tenth Circuit · 1957
- McGraw v. Betz (In re Bell & Beckwith)United States Bankruptcy Court, N.D. Ohio · 1990
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