Reece v. P. W. Donoghue Co.

Massachusetts Supreme Judicial Court

Reece v. P. W. Donoghue Co.

30 N.E.2d 242, 307 Mass. 610, 1940 Mass. LEXIS 1052

CourtMassachusetts Supreme Judicial Court

DecidedNovember 26, 1940

StatusPublished

Cited by2 cases

This text of 30 N.E.2d 242 (Reece v. P. W. Donoghue Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reece v. P. W. Donoghue Co., 30 N.E.2d 242, 307 Mass. 610, 1940 Mass. LEXIS 1052 (Mass. 1940).

Pincite

Opinion

There was no evidence to support a finding that the “snow and ice” on which the deceased slipped came upon the sidewalk as a result of the shovelling from the privately owned “area.” The evidence was that the snow from the “area” was first “thrown towards the street and then it was shovelled out into the street.” The condition existing after the shovelling “substantially as shown” in the photographs may, so far as appears, have arisen from the tramping down of snow that naturally fell upon the sidewalk before or at the time of the storm that occasioned the shovelling or of snow that was thrown upon the sidewalk from the street or from some other source. Kirby v. Boylston Market Association, 14 Gray, 249. Dahlin v. Walsh, 192 Mass. 163. Mahoney v. Perreault, 275 Mass. 251. Rosehblum v. Economy Grocery Stores Corp. 300 Mass. 264. The question of agency, which may well present a further obstacle to recovery, need not be considered.

Free access — add to your briefcase to read the full text and ask questions with AI

There was no evidence to support a finding that the “snow and ice” on which the deceased slipped came upon the sidewalk as a result of the shovelling from the privately owned “area.” The evidence was that the snow from the “area” was first “thrown towards the street and then it was shovelled out into the street.” The condition existing after the shovelling “substantially as shown” in the photographs may, so far as appears, have arisen from the tramping down of snow that naturally fell upon the sidewalk before or at the time of the storm that occasioned the shovelling or of snow that was thrown upon the sidewalk from the street or from some other source. Kirby v. Boylston Market Association, 14 Gray, 249. Dahlin v. Walsh, 192 Mass. 163. Mahoney v. Perreault, 275 Mass. 251. Rosehblum v. Economy Grocery Stores Corp. 300 Mass. 264. The question of agency, which may well present a further obstacle to recovery, need not be considered.

Cite This Page — Counsel Stack

Bluebook (online)

30 N.E.2d 242, 307 Mass. 610, 1940 Mass. LEXIS 1052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reece-v-p-w-donoghue-co-mass-1940.

Opinion

Related

Cite This Page — Counsel Stack