314 Mass. 754 | Mass. | 1943
This is an action of tort to recover for personal injuries sustained by the plaintiff as the result of slipping and falling on ice on the sidewalk in front of premises owned by the defendants. The case was tried to a jury and at the conclusion of the evidence the judge allowed the defendants’ motion for a directed verdict, subject to the plaintiff’s exceptions.
There was evidence that would have warranted the jury in finding the following facts. On January 5, 1941, at about 4 p.m. the plaintiff, accompanied by another woman, walked from her house on Suffield Street, in Worcester, to the defendants’ premises on Millbury Street in that city. On January 3 and 4, 1941, about nine inches of snow had fallen. On January 5, the day of the accident, the weather was clear except for a few snow squalls early in the morning. On January 3 and 4, the temperature was at some time during
The principles of law governing the present case are well settled. It is established that “the basis of the liability of an owner of land or buildings for injury received by a traveller on an adjacent highway due to ice formed from water coming from the owner’s premises, is the creation of a condition on the highway dangerous to those lawfully using it.” Bullard v. Mattoon, 297 Mass. 182, 186, and cases cited, and that a landowner “has no right to collect water into a definite channel by a spout or otherwise and pour it upon a public way,” and that if “he does this and through the operation of natural causes the water freezes, he is the efficient cause in the creation of a nuisance and is liable for whatever damage ensues as a probable consequence.” Field v. Gowdy, 199 Mass. 568, 570, 571. This principle applies where, as in the present case, the jury could find properly that the defendants’ building was so constructed that a portion of it over
It is unnecessary to consider the exception of the plaintiff to the . exclusion of certain evidence. Her exception to the action of the judge in directing the jury to return a verdict for the defendants is sustained.
So ordered.