Mansell v. Hands
Massachusetts Supreme Judicial Court
Two actions oe tort, the first against a husband and the second against his wife, it being alleged in the declaration in each action that the defendant was the owner of a house numbered 1879 on Massachusetts Avenue in Cambridge in which the plaintiff was a tenant, that, owing to a neglect of the defendant to provide valves and other appliances for the relieving of excessive pressure in a hot water coil in a hot air furnace, the coil burst and that the plaintiff was injured.
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Two actions oe tort, the first against a husband and the second against his wife, it being alleged in the declaration in each action that the defendant was the owner of a house numbered 1879 on Massachusetts Avenue in Cambridge in which the plaintiff was a tenant, that, owing to a neglect of the defendant to provide valves and other appliances for the relieving of excessive pressure in a hot water coil in a hot air furnace, the coil burst and that the plaintiff was injured. Writs dated, respectively, March 20 and September 22, 1916. Before a trial of the actions, the defendant in the first…
1Opinion of the CourtBraley, J.
While it is clear that the testator never had been the lessor, but acted only in making repairs and in collection of rent as agent of his wife, who owned and let the premises, and the plaintiff fails to show any cause of action in the first action, no question as to the absence of common liability is raised, and we shall accordingly refer to Anna C. Hands as the defendant. The plaintiff is a tenant at will, and the jury would have been warranted in finding that, at the date of rental, the heating apparatus consisted of a hot air furnace, inside of which was a hot water coil connecting with…
2Cases cited6 opinions
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Cowen v. SunderlandMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1892
- O'Malley v. Twenty-Five AssociatesMassachusetts Supreme Judicial Court · 1901
- Booth v. MerriamMassachusetts Supreme Judicial Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mansur v. EubanksSupreme Court of Florida · 1981
- Stumpf v. LelandMassachusetts Supreme Judicial Court · 1922
- Brooks v. PetersSupreme Court of Florida · 1946
- Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
- Fifty Associates v. Berger Dry Goods Co.Massachusetts Supreme Judicial Court · 1931
6 more not listed; retrieve them via the Exa API.