Alessi v. Fitzgerald
Massachusetts Supreme Judicial Court
Tort against the owner of a tenement building numbered 381 on Hanover Street in Boston for personal injuries sustained by the plaintiff on May 4, 1908, from a fall alleged to have been caused by the faulty construction and want of repair and darkness of a stairway in the building which the plaintiff was attempting to descend when returning from a tenement occupied by one Mrs.Stagnaro.
Read the full summary
Tort against the owner of a tenement building numbered 381 on Hanover Street in Boston for personal injuries sustained by the plaintiff on May 4, 1908, from a fall alleged to have been caused by the faulty construction and want of repair and darkness of a stairway in the building which the plaintiff was attempting to descend when returning from a tenement occupied by one Mrs.Stagnaro. Writ dated July 18, 1908. In the Superior Court the case was tried before Wait, J. The plaintiff put in evidence the defendant’s answers to interrogatories filed by the plaintiff, “disclosing that the defendant…
1Opinion of the CourtBraley, J.
If it be assumed that the defendant’s answers to the interrogatories would have warranted the jury in finding that he retained control of the hall and stairway, the defective condition of which is alleged to have caused the plaintiff’s injuries, yet the verdict for the defendant was ordered rightly.
It is true, as the plaintiff contends, that where the landlord, after the entry of a tenant, remains in possession of a part of the premises which he is bound to maintain in a reasonably safe condition for the use of tenants, he is hable in tort, not only to the tenant, but to the tenant’s family,…
2Cases cited8 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- Coupe v. PlattMassachusetts Supreme Judicial Court · 1899
- Faxon v. ButlerMassachusetts Supreme Judicial Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Denny v. Riverbank Court Hotel Co.Massachusetts Supreme Judicial Court · 1933
- Jones v. Asa G. Candler Inc.Court of Appeals of Georgia · 1918
- Lanstein v. Acme White Lead & Color WorksMassachusetts Supreme Judicial Court · 1934
- Pope v. Willow Garages Inc.Massachusetts Supreme Judicial Court · 1931
- Carey v. KleinMassachusetts Supreme Judicial Court · 1927
6 more not listed; retrieve them via the Exa API.