Shipley v. Fifty Associates
Massachusetts Supreme Judicial Court
Tort for injuries resulting to the plaintiff from the fall of ice and snow upon her from the roof of the defendants’ building. At the trial, before Hoar, J., the judge reserved for the full court the question whether the plaintiff could recover upon her offer of proof, the substance of which is stated in the opinion , if so, the case to stand for trial; otherwise, the plaintiff to become nonsuit.
1Opinion of the CourtChapman, C. J.
The plaintiff offers to prove that Union Street was a public highway in Boston, and that the sidewalk was a part of the highway ; that she was travelling on the sidewalk, using proper care, and as she passed by the defendants’ building a great quantity of snow and ice slid from the roof, fell upon her and greatly injured her. She further offers to prove that the snow and ice had remained on the roof for an unusual and-unreasonable length of time after the defendants had full knowledge thereof, and might have been removed before that time.
The purpose of making highways is, as expressed by the…
2Cases cited1 opinion
- Bellows v. SackettNew York Supreme Court · 1853
3Cited by47 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Roman v. KingSupreme Court of Missouri · 1921
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
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