Curtis v. Kiley
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff, by falling into a trench upon premises owned by the defendants. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries sustained by the plaintiff, by falling into a trench upon premises owned by the defendants. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. From the undisputed evidence it appeared that the defendants were the owners of a lot of land upon the corner of Common, Street and Newbury Street in Lawrence, upon which were situated two tenement houses, and a building used as a wood and coal shed; that all of these buildings were occupied by tenants of the defendants; and that the trench in question was being…
1Opinion of the CourtField, C. J.
As we understand the exceptions, there was evidence for the jury that the yard was under the general control of the defendants; that there was an entrance into and a passageway across the yard to the tenement occupied by Mrs. Lahey, which the jury might find the plaintiff was invited by the defendants to use; and that a trench had been dug either across this passageway or near to it, which rendered the passageway unsafe to those travelling upon it unless proper guards were put up. The principal contention of the defendants is, that, as the work of digging the trench, and of laying drain-pipes…
2Cases cited3 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Sturges v. Society for the Promotion of Theological Education at CambridgeMassachusetts Supreme Judicial Court · 1881
- Stewart v. PutnamMassachusetts Supreme Judicial Court · 1879
3Cited by41 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Epperly v. City of SeattleWashington Supreme Court · 1965
- Thompson v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Adams v. SchneiderIndiana Court of Appeals · 1919
- Richmond & Manchester Railway Co. v. Moore's Adm'rSupreme Court of Virginia · 1897
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