Shipley v. Fifty Associates
106 Mass. 194 (1870)
Holding & Decision
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Nature Of The Case
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Facts
Ds owned the building and the lot of land on which it stood, ever since 1824. It was four stories high, covered the whole lot, fronting twenty-eight feet on Union Street, and its height from the sidewalk to the eaves was thirty-eight feet. The roof was 'an old-fashioned hipped roof sloping 'towards the sidewalk, from the ridgepole, so that anything sliding from it would naturally fall upon the sidewalk.' In January 1867, on the 18th, two feet of snow fell in Boston; on the 21st, seven or eight inches; on the 26th, up to half past six o'clock in the morning, half an inch, and at intervals during the day, fine snow, rain, mist, and ordinary snow. On February 1, there was warm and thawing weather, so that water was dripping from the roof; and a quantity of snow slid from the roof down upon the sidewalk. A boy was employed to shovel the snow from the sidewalk into the carriageway. About noon, while the boy was thus at work, P was traveling on foot along the sidewalk, using due care, when more snow slid down from the roof and fell upon her, seriously injuring her. Snow slides were frequent on that day in all parts of the city. P sued Ds. Ds offered to show 'that their building was as safe as any building in the city of Boston in respect to passengers, and 'that no precaution could be taken any more than was taken in this case, to prevent accident.' Ds offered no evidence that any were actually taken. P got the verdict in the sum of $6,541.67.
Issues
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Rule Of Law
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Legal Analysis
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