Mallen v. James A. Houston Co.
Massachusetts Supreme Judicial Court
Tort, against a corporation occupying and using for its business a building on the corner of Washington Street and Temple Place in Boston, for personal injuries sustained by the plaintiff on Jan-. uary 15,1910, shortly after eight o’clock in the morning, when the plaintiff was walking on the sidewalk of Washington Street adjoining such building, from being struck by a mass of snow and ice alleged to have been negligently thrown by the servants and agents of the defendant…
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Tort, against a corporation occupying and using for its business a building on the corner of Washington Street and Temple Place in Boston, for personal injuries sustained by the plaintiff on Jan-. uary 15,1910, shortly after eight o’clock in the morning, when the plaintiff was walking on the sidewalk of Washington Street adjoining such building, from being struck by a mass of snow and ice alleged to have been negligently thrown by the servants and agents of the defendant from the top or from near the top of such building. Writ dated March 25, 1910. In the Superior Court the case was tried…
1Opinion of the CourtRugg, C. J.
There was evidence from which it might have been found that the plaintiff, while on the sidewalk of Washington Street in Boston, was struck by snow thrown from the defendant’s building by one of its employees while removing an accumulation occasioned by a snow storm.
The defendant urges that the plaintiff is precluded from recovery because she was not in the exercise of due care. This defense is based on the facts that the accident happened on a stormy morning, when there had been a snow fall of about eight inches, and that the plaintiff after seeing a mass of snow and ice fall on the sidewalk…
2Cases cited6 opinions
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
- Baird v. Baptist SocietyMassachusetts Supreme Judicial Court · 1911
- O'Donoughue v. MoorsMassachusetts Supreme Judicial Court · 1911
- Paszkowski v. Stony Brook Paper Co.Massachusetts Supreme Judicial Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Smith v. HiattMassachusetts Supreme Judicial Court · 1952
- Whalen v. Railway Express Agency, Inc.Massachusetts Supreme Judicial Court · 1947