Leydecker v. Brintnall
Massachusetts Supreme Judicial Court
Tort, for personal injuries. At the trial in the Superior Court, before Bishop, J., there was evidence tending to show that the defendant, who was a livery stable keeper, owned two estates and buildings, Nos. 35 and 37 on Chapman Street in Boston.
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Tort, for personal injuries. At the trial in the Superior Court, before Bishop, J., there was evidence tending to show that the defendant, who was a livery stable keeper, owned two estates and buildings, Nos. 35 and 37 on Chapman Street in Boston. There was a passageway three or four feet wide between these two buildings, which was used solely as an entrance from the street to the rooms above the ground floor of the building numbered 35. There was a stairway leading from a point within the passageway about three inches from the street within the defendant’s line on one side of the passageway,…
1Opinion of the CourtAllen, J.
The defendant contends that the triangular space where the accident occurred passed to his lessee, Wheeler, under the lease, as an appurtenance to the premises leased. This point is not now open, it not being shown by the bill of exceptions that it was taken at the trial. There was no ruling upon it by the court. If the point were open, it is impossible to say, as matter of law, that this space passed as an appurtenance under the lease. The lease does not include the stairway nor the approaches thereto. The lessee’s covenant to save the lessor harmless “ from any claim or damage arising from…
2Cases cited6 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Watkins v. GoodallMassachusetts Supreme Judicial Court · 1885
- Lindsey v. LeightonMassachusetts Supreme Judicial Court · 1889
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Damon v. City of BostonMassachusetts Supreme Judicial Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Garland v. StetsonMassachusetts Supreme Judicial Court · 1935
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Faxon v. ButlerMassachusetts Supreme Judicial Court · 1910
- Crane Elevator Co. v. LippertCourt of Appeals for the Seventh Circuit · 1894
- Laskowski v. ManningMassachusetts Supreme Judicial Court · 1950
11 more not listed; retrieve them via the Exa API.