Cork v. Blossom
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to the plaintiffs’ property by the fall upon it of a chimney built and maintained by the defendants. At the trial in the Superior Court, before Braley, J., the jury returned a verdict for the defendants; and the plaintiffs alleged exceptions. The facts appear in the opinion. The case was submitted on briefs to all the judges.
1Opinion of the CourtMorton, J.
At the time of the injury complained of, the defendants owned, and operated, a saw and planing mill. The plaintiffs occupied a building for a reed and harness shop on the adjoining premises. In connection with their mill the defendants maintained a chimney, which, there was testimony tending to show, extended about forty feet above the roof of the mill. It was twenty-eight inches by thirty-two, and was built of a single course of brick about four inches thick, and was stayed on three sides, but not on the side towards the plaintiffs. Some time during the night of March 9 or early morning of…
2Cases cited21 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Cahill v. EastmanSupreme Court of Minnesota · 1872
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
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3Cited by17 opinions
- Kurtigian v. City of WorcesterMassachusetts Supreme Judicial Court · 1965
- Boomer v. WilburMassachusetts Supreme Judicial Court · 1900
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- Boyd v. Portland Electric Co.Oregon Supreme Court · 1902
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