Sanborn v. McKeagney
| Decision Date | 15 January 1918 |
| Citation | 229 Mass. 300 |
| Parties | SALLY SANBORN v. THOMAS B. MCKEAGNEY. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Present RUGG, C.
J., DE COURCY CROSBY, PIERCE, & CARROLL, JJ.
Negligence, Of one controlling real estate. Snow and Ice. Way, Public.
In an action for personal injuries sustained by falling on ice on the sidewalk in front of the house of the defendant that was formed from water flowing from a conductor which drained the roof of a house adjoining that of the defendant and was on or near the dividing line between the two houses, there was no evidence tending to show that the defendant controlled the conductor or that any water from his house drained into it, and it was held that there was no ground on which the defendant could be found to be liable for the plaintiff's injuries.
In the action above described there was no evidence of any ordinance requiring the defendant to keep the sidewalk adjoining his house free from snow and ice, but it was said, that, even if there had been such evidence, the defendant could not have been found to have been liable.
TORT for personal injuries sustained on December 16, 1916, alleged to have been caused by slipping upon an accumulation of ice on the sidewalk in front of and adjoining the house of the defendant numbered 40 on Albion Street in Boston. Writ in the Municipal Court of the City of Boston dated May 9, 1917.
The evidence at the trial in the Municipal Court is described in the opinion. The defendant asked the judge to rule that upon all the evidence the plaintiff was not entitled to recover. The judge refused to make this ruling and made the following finding:
The judge found for the plaintiff in the sum of $1,500 and at the request of the defendant reported the case to the Appellate
Division. The Appellate Division made an order vacating the finding and ordering that judgment be entered for the defendant.
The plaintiff appealed.
P. Daly, for the plaintiff. L. C. Doyle, for the defendant.
BY THE COURT. The material facts as stated in the report are that the plaintiff, a...
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