Commonwealth v. Watson
Massachusetts Supreme Judicial Court
Complaint against the defendant as owner of a building on the corner of Beach Street and Harrison Avenue in Boston, for neglecting to remove snow from the adjoining sidewalk, on February 22, 1867, and violating thereby an ordinance of the city which provides that the “ tenant, occupant, and, in case there shall be no tenant, the owner or any person having the care of any building or lot of land bordering on any street,” shall within a certain time remove snow from the…
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Complaint against the defendant as owner of a building on the corner of Beach Street and Harrison Avenue in Boston, for neglecting to remove snow from the adjoining sidewalk, on February 22, 1867, and violating thereby an ordinance of the city which provides that the “ tenant, occupant, and, in case there shall be no tenant, the owner or any person having the care of any building or lot of land bordering on any street,” shall within a certain time remove snow from the sidewalk in front of the lot or building. At the trial in the superior court, before Ames, J., on appeal from the municipal…
1Opinion of the CourtWells, J.
For failure to remove from the sidewalk snow that has fallen upon it naturally, there is no liability, upon either owner, tenant or occupant, unless imposed by the ordinance of the city. Kirby v. Boylston Market Association, 14 Gray, 249.
The ordinance upon which this prosecution is founded im poses the duty and the penalty upon the owner only “ in case there shall be no tenant.” The defendant was the owner of the premises complained of; but there were two tenants, each occupying a separate part of the building, and each having apparently as separate and exclusive control of their respective…
2Cited by5 opinions
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