Legal Opinion

Inhabitants of Milford v. Holbrook

Massachusetts Supreme Judicial Court

Decided October 15, 1864PublishedCited by 2 opinions

Tort to recover of the defendant the amount recovered ot the plaintiffs by Cornelius T. Day, for an injury sustained by reason of a defect in and over a public sidewalk in Milford.

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Tort to recover of the defendant the amount recovered ot the plaintiffs by Cornelius T. Day, for an injury sustained by reason of a defect in and over a public sidewalk in Milford. The original case is reported in 5 Allen, 98. At the trial in the superior court, before Allen, C. J., the plaintiffs contended that they were entitled to recover on the ground that the defendant was the owner of the building to which the awning, by the fall of which the injury was occasioned, was attached; and the following facts appeared : The awning was erected by the defendant along the entire front of a…

1Opinion of the CourtHoar, J.

The principal question presented by the bill of exceptions is, whether the defendant was in such a sense the occupant of the building called Union Block, and the awning attached to it, as to be responsible for its defective and unsafe condition, and bound to indemnify the plaintiffs for the damages recovered against them by Day. The law applicable to the point has been very distinctly stated in several adjudged cases in this commonwealth; and the only difficulty is in its application to the particular state of facts in proof. The rule is, that the occupier, and not the landlord, is bound, as…

2Cited by2 opinions

  1. Weaver Mercantile Co. v. ThurmondWest Virginia Supreme Court · 1911
  2. City of Des Moines v. Des Moines Water Co.Supreme Court of Iowa · 1920

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