Legal Opinion

O'Donoughue v. Moors

Massachusetts Supreme Judicial Court

Decided April 4, 1911PublishedCited by 16 opinions

Tort for personal injuries sustained by the plaintiff on December 20, 1908, in the manner described below. Writ dated March 20, 1909. In the Superior Court the case was tried before Sherman, J. The following facts were shown by the evidence. The plaintiff lived with her sister, who was a tenant in the apartment house known as Lenox Hall, No. 1 Richmond Court, in the town of Brookline, which was the property of the defendant.

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Tort for personal injuries sustained by the plaintiff on December 20, 1908, in the manner described below. Writ dated March 20, 1909. In the Superior Court the case was tried before Sherman, J. The following facts were shown by the evidence. The plaintiff lived with her sister, who was a tenant in the apartment house known as Lenox Hall, No. 1 Richmond Court, in the town of Brookline, which was the property of the defendant. The plaintiff’s sister occupied an apartment under a lease from the defendant dated September 1, 1907, which was in force at the time of the accident and was introduced…

1Opinion of the CourtSheldon, J.

There was neither averment nor proof that the plaintiff had given notice to the defendant of the time, place and cause of her injury. St. 1908, c. 305. This is fatal to the maintenance of her action. Baird v. Baptist Society, ante, 29. But as we doubt whether this point was brought to thé attention of the judge at the trial, or was intended to be covered by the defendant’s .request that a verdict be ordered in his favor, we prefer not to decide the case upon that ground.

There was no evidence of the breach of any duty owed by the defendant to the plaintiff. The defect upon the walk on which…

2Cases cited5 opinions

  1. Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
  2. Watkins v. GoodallMassachusetts Supreme Judicial Court · 1885
  3. Nash v. WebberMassachusetts Supreme Judicial Court · 1910
  4. Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906
  5. Hawkes v. Broadwalk Shoe Co.Massachusetts Supreme Judicial Court · 1910

3Cited by16 opinions

  1. Reardon v. ShimelmanSupreme Court of Connecticut · 1925
  2. Papadopoulos v. Target CorporationMassachusetts Supreme Judicial Court · 2010
  3. Bell v. SiegelMassachusetts Supreme Judicial Court · 1922
  4. DePrizio v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1935
  5. Caruso v. LebowichMassachusetts Supreme Judicial Court · 1925

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