Green v. Carigianis
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by a piece of slate falling upon the plaintiff when he was passing along the sidewalk in front of premises which the defendant held under a lease and of which he was in exclusive control. Writ dated December 18,1911. In the Superior Court the case was tried before White, J. So much of the evidence as is material to the decision is stated in the opinion. At the close of the evidence, the defendant requested that a verdict be ordered for him.
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Tort for personal injuries caused by a piece of slate falling upon the plaintiff when he was passing along the sidewalk in front of premises which the defendant held under a lease and of which he was in exclusive control. Writ dated December 18,1911. In the Superior Court the case was tried before White, J. So much of the evidence as is material to the decision is stated in the opinion. At the close of the evidence, the defendant requested that a verdict be ordered for him. The request was refused. There was a verdict for the plaintiff in the sum of $243; and the defendant alleged exceptions.
1Opinion of the CourtDe Courcy, J.
A piece of roofing slate fell and struck the plaintiff on the head as he was walking along the sidewalk of ■ Dorchester Avenue in South Boston, and was opposite the middle of the building numbered 125. This building was a three and a half story structure, and was the southerly one in a block of three, all of them being of the same style, with slate roofs that had a pitch toward the sidewalk, and each constructed out to the line of the street. It is conceded that the plaintiff was in the exercise of due care. The entire building numbered 125 was in the exclusive control of the defendant as…
2Cases cited8 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- McNicholas v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
- Khron v. BrockMassachusetts Supreme Judicial Court · 1887
- Woodall v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
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3Cited by11 opinions
- Navien v. CohenMassachusetts Supreme Judicial Court · 1929
- Cushing v. JollesMassachusetts Supreme Judicial Court · 1935
- Calway v. William Schaal & Son, Inc.Supreme Court of Connecticut · 1931
- Connors v. RichardsMassachusetts Supreme Judicial Court · 1918
- Farolato v. Springfield Five Cents Savings BankMassachusetts Supreme Judicial Court · 1942
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