Feeley v. Doyle

22 Citing cases

  1. Blood v. Dewey

    53 N.E.2d 227 (Mass. 1944)   Cited 9 times

    Upon the occupancy of the store, the executory agreement which was theretofore unenforceable by either party became an executed agreement imposing binding obligations upon each party. Miles v. Janvrin, 200 Mass. 514. Flanagan v. Welch, 220 Mass. 186. One of the terms of the agreement which resulted in the plaintiff taking possession and becoming a tenant of the defendant could be found to be the repair of the roof. If the defendant in accordance with a binding agreement undertook to repair the roof but performed the work in a negligent manner, and as a result of such negligence the plaintiff's wallpaper was damaged, then a liability for such damage would be established. Feeley v. Doyle, 222 Mass. 155. Lischner v. Hahn, 273 Mass. 259. Connery v. Cass, 277 Mass. 545. Cleary v. Union Realty Co. 300 Mass. 312. Skolnick v. East Boston Savings Bank, 307 Mass. 1. Diamond v. Simcovitz, 310 Mass. 150. The defendant testified that he did not make any agreement to repair the roof, and the auditor found that the defendant did not agree to repair.

  2. Bergeron v. Forest

    124 N.E. 74 (Mass. 1919)   Cited 59 times
    In Bergeron v. Forest, 233 Mass. 392, 398, it was said, "The rights and obligations of the parties arising from the initial contract of letting the tenement were such as ordinarily attach to landlord and tenant under an oral lease.

    (1) If he does this by virtue of some contract with the tenant, whereby during the tenancy either repairs or changes are made in the demised premises, the right of recovery, is not limited to the tenant personally but includes all persons who within the contemplation of the parties were to use the premises under the hiring. Feeley v. Doyle, 222 Mass. 155, 157. (2) But if the landlord does this gratuitously, he is liable only to the tenant or person with whom he makes the gratuitous undertaking.

  3. Carney v. Bereault

    348 Mass. 502 (Mass. 1965)   Cited 35 times
    In Carney, the leading Massachusetts case on manufacturing defect claims, plaintiff was injured when an automobile fell from a mechanic's lift.

    But this language did not shift the obligation to make repairs from Bereault to Gulf. Gulf, in the absence of a contractual duty to repair, would not have been liable to the plaintiff for negligence in making repairs. Feeley v. Doyle, 222 Mass. 155. Diamond v. Simcovitz, 310 Mass. 150, 153. Likewise, the plaintiff has failed to establish that Gulf had contracted to maintain the premises in a safe condition on its own responsibility and without notice, which is the situation described in the third category in Fiorntino v. Mason, 233 Mass. 451, 453-454. See Miles v. Janvrin, 196 Mass. 431, 433.

  4. Luoma v. Socony-Vacuum Oil Co. Inc.

    332 Mass. 101 (Mass. 1954)   Cited 3 times

    The duty thus owed by the landlord is not limited to the tenant but includes all persons who within the contemplation of the parties were to use the premises under the lease. Feeley v. Doyle, 222 Mass. 155, 157. Miles v. Boston, Revere Beach Lynn Railroad, 274 Mass. 87, 91. Levins v. Theopold, 326 Mass. 511, 512.

  5. Koleshinski v. David

    328 Mass. 276 (Mass. 1952)   Cited 7 times

    Upon such findings liability of the landlord would be established. Feeley v. Doyle, 222 Mass. 155. Cleary v. Union Realty Co. 300 Mass. 312, 313. Diamond v. Simcovitz, 310 Mass. 150, 153.

  6. Pereira v. Gloucester Comm. Pier Ass'n Inc.

    318 Mass. 391 (Mass. 1945)   Cited 6 times
    In Pereira v. Gloucester Community Pier Association, Inc. 318 Mass. 391, it did not appear that the plaintiff had any further occasion to be at the pier at all, or that the tenant who invited the plaintiff to the pier had any rights in that part of the pier where the injury took place.

    One who enters the business premises of another, at the express or implied invitation of a tenant, to transact business with the tenant, and is injured upon that part of the premises over which the tenant has a right to pass and which is in the control of the landlord, may recover against the landlord if the injuries were caused by a breach of duty owed to the tenant by the landlord. Feeley v. Doyle, 222 Mass. 155. Cushing v. Jolles, 292 Mass. 72. Cleary v. Union Realty Co. 300 Mass. 312. Diamond v. Simcovitz, 310 Mass. 150. But the landlord performs his obligation to the tenant if he uses reasonable care to keep the common passageways in as safe a condition as they were in or appeared to be in at the time of the letting.

  7. Hahn v. Musante, Berman Steinberg Co., Inc.

    35 A.2d 201 (Conn. 1943)   Cited 7 times

    In Chipman v. National Savings Bank, 128 Conn. 493, 23 A.2d 922, a tenant sued to recover for injuries suffered by reason of the negligence of the landlord in making repairs within the leased premises; we found error in the charge of the court because it did not sufficiently instruct the jury that the duty of the defendant was not to make the premises reasonably safe but to use reasonable care to do so; but we said (p. 495): "In such a situation as this the agreement of the defendant to make repairs or its voluntary act in undertaking to do so is the basis out of which a duty to exercise care to guard against injury to the plaintiff would arise. . . ." In Feeley v. Doyle, 222 Mass. 155, 109 N.E. 902, a visitor to a store leased for an ice cream parlor recovered a verdict against the landlord on the ground that in making a change in the premises he did it so negligently that bricks and an iron plate fell from the ceiling on the plaintiff. In Nilsson v. Abruzzo, 107 N.J.L. 327, 153 A. 486, a patron in a barber shop who was injured by the fall of a heavy radiator, which the defendant landlord had placed on brackets on the wall in the course of making alterations in the shop, secured a verdict.

  8. McNeill v. Home Savings Bank

    48 N.E.2d 695 (Mass. 1943)   Cited 11 times

    The mere relationship of landlord and tenant did not impose any duty upon the defendant to remove the snow and ice naturally accumulating upon areas provided for the common use of its tenants. Woods v. Naumkeag Steam Cotton Co. 134 Mass. 357. Boulton v. Dorrington, 302 Mass. 407. The right which the plaintiff asserts was not created by the terms of the lease, and there is no evidence here that the lease was superseded, altered or modified by any subsequent contract founded upon a legal consideration between the defendant and the plaintiff's employer, as there was in Feeley v. Doyle, 222 Mass. 155, Conroy v. Toomay, 234 Mass. 384, Tashjian v. Karp, 277 Mass. 42, and Cohen v. Homonoff, 311 Mass. 374. Compare Shepard v. Worcester County Institution for Savings, 304 Mass. 220; Hannon v. Schwartz, 304 Mass. 468; Bailey v. First Realty Co. 305 Mass. 306. The plaintiff relies upon Nash v. Webber, 204 Mass. 419, and Erickson v. Buckley, 230 Mass. 467.

  9. Fjellman v. Weller

    7 N.W.2d 521 (Minn. 1942)   Cited 15 times
    Involving leased equipment

    This service cannot be called gratuitous or casual. (See Feeley v. Doyle, 222 Mass. 155, 109 N.E. 902, L.R.A. 1916F, 1121.) It was for the mutual benefit of both lessor and lessee and was continuously rendered by the oil company over a period of many years. But, even though the service of repairs and maintenance be termed a gratuity, that fact would not absolve the oil company from liability for its own negligence in performing the service.

  10. Diamond v. Simcovitz

    37 N.E.2d 258 (Mass. 1941)   Cited 11 times

    The negligent making of repairs by a landlord upon a part of the demised premises does not of itself impose any liability upon a landlord, Shepard v. Worcester County Institution for Savings, 304 Mass. 220, Hannon v. Schwartz, 304 Mass. 468, but the making of such repairs becomes material when the circumstances under which they were made show that the work was performed in pursuance of a duty originating from a binding agreement between the parties. Feeley v. Doyle, 222 Mass. 155. Withington v. Rome, 258 Mass. 188. Lischner v. Hahn, 273 Mass. 259. Tashjian v. Karp, 277 Mass. 42. The jury could find, as the defendant contends, that the tenancy was created on November 20, 1936; that by its terms no obligation to make repairs was assumed by the defendant; and that when the defendant agreed in December to make repairs that was a gratuitous undertaking which imposed a liability in tort to the tenant only, and then only if the repairs were made in a grossly negligent manner. Massaletti v. Fitzroy, 228 Mass. 487. Bergeron v. Forest, 233 Mass. 392. Bell v. Siegel, 242 Mass. 380. Bailey v. First Realty Co. 305 Mass. 306. But the credibility of Shapiro and of the plaintiff Augusta was for the jury, Keenan v. E.M. Loew's, Inc. 302 Mass. 309, Ruane v. Doyle, 308 Mass. 418, and assuming, as we must in passing upon the correctness of the ruling directing verdicts for the defendant, that the jury had the right to consider their testimony in the light most favorable to the pl