Feeley v. Doyle

The plaintiff went into “the ice cream parlor” of one Pano, ordered some ice cream and sat down at a marble topped table near an iron post. While he was eating the ice cream a shower of bricks and an iron plate came down on top of him. This action is brought against Pano’s landlord to recover compensation for that injury.

The jury were warranted in finding the following facts: The accident happened in March, 1912. Pano became a tenant of the store some three or four years before. When he became a tenant of the “parlor” a brick chimney ran up through the middle of it. About a year and a half…