Smith v. Wildes
Massachusetts Supreme Judicial Court
Tort for personal injuries. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It appeared that the defendants, who were dealers in furniture and upholstery goods, were, at the time of the injury complained of, tenants in possession of a store, No. 24 Bromfield Street, in the city of Boston, of which and of a basement underneath the same they had sole control; that in front of the store, in the sidewalk, was an…
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Tort for personal injuries. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It appeared that the defendants, who were dealers in furniture and upholstery goods, were, at the time of the injury complained of, tenants in possession of a store, No. 24 Bromfield Street, in the city of Boston, of which and of a basement underneath the same they had sole control; that in front of the store, in the sidewalk, was an opening, which, when not in use, was covered by a wooden trap-door on a level with the sidewalk; that the stairway inside the…
1Opinion of the CourtC. Allen, J.
The defendants caused a trap-door to be opened, leaving a hole in the sidewalk of a much frequented street, and put up no rail, rope, or other barrier to keep persons from walking into the hole, and had nobody there whose special business it was to look out for and warn persons who might be approaching. Those who were at work there were there for the purpose of doing the work, and not for the purpose of warning passers by. Under such circumstances, the question of the defendants’ negligence must be left to the jury.
Nor can we say, as matter of law, that .there was such negligence on the part…
2Cases cited2 opinions
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Harris v. . UebelhoerNew York Court of Appeals · 1878
3Cited by12 opinions
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Keith v. Worcester & Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Brown v. StevensMichigan Supreme Court · 1904
- Balcom v. City of IndependenceSupreme Court of Iowa · 1916
- Foy v. City of WinstonSupreme Court of North Carolina · 1900
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