Drake v. Taylor
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff from a fall upon a public sidewalk in front of the premises of the defendants.' Writ in the Superior Court dated March 16,1907. The case was tried before Hardy, J. The facts are stated in the opinion. At the close of the evidence, the defendants asked the presiding judge to rule that the plaintiff had “ failed to make out, or maintain her said action.” The request was refused and the defendants excepted.
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Tort for personal injuries received by the plaintiff from a fall upon a public sidewalk in front of the premises of the defendants.' Writ in the Superior Court dated March 16,1907. The case was tried before Hardy, J. The facts are stated in the opinion. At the close of the evidence, the defendants asked the presiding judge to rule that the plaintiff had “ failed to make out, or maintain her said action.” The request was refused and the defendants excepted. The jury found for the plaintiff; and the defendants alleged exceptions.
1Opinion of the CourtRugg, J.
The principle of law which governs this case is plain. A landowner who collects water into a definite channel by a spout or otherwise and pours it upon a public way whereby, through the operation of natural causes, ice there forms, is the efficient cause in the creation of a nuisance and is liable for whatever damage results as a probable consequence. Among such consequences may be the slipping and injury of a traveller using due care. Field v. Gowdy, 199 Mass. 568. Coman v. Alles, 198 Mass. 99.
*529The defendants maintained a conductor through which water might pass upon a public sidewalk. Their…
2Cases cited2 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Coman v. AllesMassachusetts Supreme Judicial Court · 1908
3Cited by19 opinions
- MacDonald v. AdamianMassachusetts Supreme Judicial Court · 1936
- Marston v. PhippsMassachusetts Supreme Judicial Court · 1911
- Jefferson v. L'HeureuxMassachusetts Supreme Judicial Court · 1936
- Cochran v. BartonMassachusetts Supreme Judicial Court · 1919
- Sanborn v. McKeagneyMassachusetts Supreme Judicial Court · 1918
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