Wilcox v. Zane
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, on May 18,1894, by a defect in a platform covering the roof of a tenement house on Garfield Place, in Boston. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. It was admitted that the defendant was the owner of the building in question, and that one Parker was the defendant’s agent for the letting and care of the premises.
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Tort, for personal injuries occasioned to the plaintiff, on May 18,1894, by a defect in a platform covering the roof of a tenement house on Garfield Place, in Boston. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. It was admitted that the defendant was the owner of the building in question, and that one Parker was the defendant’s agent for the letting and care of the premises. Two photographs, taken on May 26, 1894, and two pieces of board, identified as the pieces taken after the accident from the hole into which the plaintiff…
1Opinion of the CourtKnowltoe, J.
The evidence tended to show that the roof where the plaintiff was injured was retained in the possession of the defendant as a place to be used in common by his tenants in the building for hanging clothes to dry, and for other uses to which the yard of a dwelling-house is commonly put. It was, therefore, his duty to keep it in a reasonably safe condition for the uses for which it was intended. Looney v. McLean, 129 Mass. 33. Watkins v. Goodall, 138 Mass. 533. Marwedel v. Cook, 154 Mass. 235. Miller v. Hancock, [1893] 2 Q. B. 177. The plaintiff was a boarder with Mrs. Pray, one of the…
2Cases cited6 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Watkins v. GoodallMassachusetts Supreme Judicial Court · 1885
- Barstow v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Crowe v. BixbyMassachusetts Supreme Judicial Court · 1921
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- Nash v. WebberMassachusetts Supreme Judicial Court · 1910
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- Coupe v. PlattMassachusetts Supreme Judicial Court · 1899
24 more not listed; retrieve them via the Exa API.