Lorenzo v. Wirth
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by falling into a coal hole in Eliot Street, in Boston. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The coal hole was situated about eighteen inches in front of a house held by the defendant under a lease, and upon land embraced in the lease.
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Tort, for personal injuries occasioned to the plaintiff by falling into a coal hole in Eliot Street, in Boston. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The coal hole was situated about eighteen inches in front of a house held by the defendant under a lease, and upon land embraced in the lease. The house and the adjoining buildings for a considerable distance towards the west stood back from the line of the street about three feet and eight inches, and the coal hole was two feet or more outside the street line. The buildings…
1Opinion of the CourtHolmes, J.
This is an action for personal injuries suffered by the plaintiff in consequence of her stepping into an open coal hole. The coal hole was situated about eighteen inches in front of a house held by the defendant under a lease, and upon land, embraced in the lease. The house was set back from the street,, and the coal hole was two feet or more outside the street line. But the paving over the space between the street line and the house was continuous with that of the street, and there was nothing in the usual conditions to give notice that it was not part of the street except the way in which…
2Cases cited9 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Curtis v. KileyMassachusetts Supreme Judicial Court · 1891
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