Allen v. Salmansohn

Citation150 N.E. 299,254 Mass. 500
PartiesALLEN v. SALMANSOHN et al.
Decision Date29 January 1926
CourtUnited States State Supreme Judicial Court of Massachusetts

OPINION TEXT STARTS HERE

Exceptions from Superior Court, Suffolk County; F. B. Greenhalge, Judge.

Action of tort by Harry E. Allen against Marcus Salmansohn and others to recover for personal injury received on sidewalk adjoining defendants' premises. Defendants' motion for directed verdict was denied, and they except. Exceptions overruled.

E. H. Savary, of Boston, for plaintiff.

B. F. Pollack, of Boston, for defendants.

PER CURIAM.

The plaintiff testified that he fell on ice on a sidewalk where there ‘was water dripping from the roof-the house. It dropped onto the point practically where he fell. * * * It dripped from the eaves of the house.’ Manifestly upon this testimony the defendant as owner of the house might be found liable. The case is covered completely by Field v. Gowdy, 199 Mass. 568, 85 N. E. 884,19 L. R. A. (N. S.) 236;Drake v. Taylor, 203 Mass. 528, 89 N. E. 1035;Cochran v. Barton, 233 Mass. 147, 123 N. E. 505.

Exceptions overruled.

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7 cases
  • Blanchard v. Stone's, Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • December 29, 1939
    ...was injured. The negligence of this defendant presented a question of fact which was properly submitted to the jury. Allen v. Salmansohn, 254 Mass. 500, 150 N.E. 299;Solomon v. Weissman, 265 Mass. 423, 164 N.E. 487;Bullard v. Mattoon, Mass., 8 N.E.2d 348;Crafts v. McCobb, Mass., 21 N.E.2d 2......
  • Massey v. Worth
    • United States
    • Superior Court of Delaware
    • March 8, 1938
    ...v. Walsh, 192 Mass. 163, 77 N.E. 830, 6 L.R.A.,N.S., 615; Aull v. Lee, 84 N.J.L. 155, 85 A. 1918; Allen v. Salmansohn, 254 Mass. 500, 150 N.E. 299. As the plaintiff's attorney points out, a person may likewise be liable for the resulting injuries and damages, if he leaves a baggage truck on......
  • Harrison v. Poli-New England Theatres, Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • October 25, 1939
    ...plaintiff was injured. Marston v. Phipps, 209 Mass. 552, 95 N.E. 954;Cochran v. Barton, 233 Mass. 147, 123 N.E. 505;Allen v. Salmansohn, 254 Mass. 500, 150 N.E. 299;Crafts v. McCobb, Mass., 21 N.E.2d 226. The jury were not required to believe that the formation of the ice was due to the mel......
  • Bullard v. Mattoon
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • April 2, 1937
    ...and freezes, Marston v. Phipps, 209 Mass. 552, 95 N.E. 954,Stefani v. Freshman, 232 Mass. 354, 122 N.E. 293,Allen v. Salmansohn, 254 Mass. 500, 150 N.E. 299, and where water drops from icicles formed on an overhanging part of a building and freezes on the sidewalk. Solomon v. Weissman, 265 ......
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