Gilland v. Maynes
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the plaintiff falling upon ice upon a public sidewalk adjoining premises of the defendant on Church Street in Salem, which was alleged in the declaration to have been a nuisance caused by the defendant.
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Tort for personal injuries caused by the plaintiff falling upon ice upon a public sidewalk adjoining premises of the defendant on Church Street in Salem, which was alleged in the declaration to have been a nuisance caused by the defendant. Writ dated March 13, 1912. In the Superior Court the case was tried before Sanderson, J. It appeared that the sidewalk in question adjoined a two apartment house of the defendant, and that a gutter on the house was out of repair, causing water to run upon the sidewalk, where it froze. The house was occupied by two families who were tenants at will. There…
1Opinion of the CourtHammond, J.
There was evidence of the due care of the plaintiff. As to the negligence of the defendant, the evidence properly warranted findings by the jury that, although the defendant had let different parts of the building to different tenants at will, he nevertheless retained control of the outside of the building, including the roof and the gutters, and that upon him rested the responsibility as to repairs; that the gutter was negligently suffered by the defendant to be out of repair, so that the water flowed upon the sidewalk of a public street and there freezing rendered the walk dangerous to…
2Cases cited2 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Marston v. PhippsMassachusetts Supreme Judicial Court · 1911
3Cited by9 opinions
- Perry v. LevySupreme Court of New Jersey · 1915
- Bullard v. MattoonMassachusetts Supreme Judicial Court · 1937
- Prendergast v. GinsburgOhio Supreme Court · 1928
- Sullivan v. NorthridgeMassachusetts Supreme Judicial Court · 1923
- Leuch v. DessertWashington Supreme Court · 1926
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