Legal Opinion

Dery v. Boisvert

Massachusetts District Court, Appellate Division

Decided May 14, 1945Published

1Opinion of the CourtPettingell, P. J.

Action of tort to recover for personal injuries. The plaintiff is the fourteen year old daughter of a tenant who was injured April 1, 1944, while passing over the outside steps of a tenement owned by the defendant and occupied by the plaintiff’s father and another tenant. The answer to the plaintiff’s declaration is a general denial and the contributory negligence of the plaintiff.

*93There was evidence that as the plaintiff was on her way into the house, she stepped on the lower tread of the outside steps which “gave way” causing her to fall forward, lacerating her arm; that the steps were loose…

2Cases cited49 opinions

  1. Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
  2. Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
  3. Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
  4. Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
  5. Memishian v. PhippsMassachusetts Supreme Judicial Court · 1942

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