101 Mass. 251 | Mass. | 1869
The plaintiff offers to prove that Union Street was a public highway in Boston, and that the sidewalk was a part of the highway ; that she was travelling on the sidewalk, using proper care, and as she passed by the defendants’ building a great quantity of snow and ice slid from the roof, fell upon her and greatly injured her. She further offers to prove that the snow and ice had remained on the roof for an unusual and-unreasonable length of time after the defendants had full knowledge thereof, and might have been removed before that time.
The purpose of making highways is, as expressed by the statute, to provide a way for travellers that shall be “ safe and convenient.” The statute prescribes the duty of towns, and makes them liable if they neglect to perform their duty. But individuals are also liable for any injuries they may do by interfering with the safety and convenience of travellers. If the defendants had suffered the snow and ice to accumulate upon an awning placed by them over the walk, and the awning, being insufficient to hold the snow and ice, had given way and injured the plaintiff, they would have been liable. Milford v. Holbrook, 9 Allen, 17.
In this case, it does not appear that the roof projected over the walk, but was so constructed that the snow and ice collected upon it would slide off in a large mass and come down upon the walk. It cannot be doubted that the proprietor of land adjoining a highway may erect upon it a structure that will catch the falling rain and snow, and retain it till it becomes a large mass, and allow it to freeze and thaw. But the question here is, whether he may construct his roof in such a manner that, after the mass has accumulated, it will in certain states of the weather be projected by its own weight upon the sidewalk. If he may, then the risk is upon travellers, and they must take notice that, at certain seasons, the sidewalks are not safe or con venient for travel, but must be avoided.
But the defendants contend that they are not liable, because they were mere landlords, and not occupants of the building; and they rely upon the principle stated in Kirby v. Boylston
Case to stand for trial