Legal Opinion

Brogna v. Kaplovitz

Massachusetts District Court

Decided October 31, 1949Published

1Opinion of the CourtEno, J.

By this action of tort, the plaintiff seeks to recover from her landlord for personal injuries alleged to have been received because he “negligently and carelessly permitted the plumbing and water pipes of said apartment to become in disrepair, causing the water leaking from the toilet to weaken the ceiling located in the plaintiff’s apartment and that the ceiling fell on and injured the plaintiff, due to the negligence of the defendant.”

The defendant filed a general denial, with a plea of contributory negligence, and a further answer that “if there is negligence as alleged, it is that of…

2Cases cited19 opinions

  1. Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
  2. Fiorntino v. MasonMassachusetts Supreme Judicial Court · 1919
  3. Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
  4. Chelefou v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1937
  5. Kearines v. CullenMassachusetts Supreme Judicial Court · 1903

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