Simons v. Murray Realty, Inc.

3 Citing cases

  1. Young v. Garwacki

    380 Mass. 162 (Mass. 1980)   Cited 78 times
    Holding that "[t]he landlord is liable [to the tenant] in negligence for defects of which he has notice"

    See G.L.c. 21, § 17C. But see Simons v. Murray Realty, Inc., 330 Mass. 194, 196-197 (1953); Oxford v. Leathe, 165 Mass. 254, 255 (1896) (licensing of public hall for brief period). For a thorough discussion of exceptions to the rule of nonliability, see generally 2 R. Powell, Real Property par. 234 (P. Rohan 1977).

  2. Mallard v. Waldman

    163 N.E.2d 658 (Mass. 1960)   Cited 8 times

    In case the stairs were let to Wally, § 359 does not represent the rule of the Massachusetts decisions applicable upon this record with respect to "the tenant and those entering under him." See Luoma v. Socony-Vacuum Oil Co. Inc. 332 Mass. 101, 104. Cases dealing with the letting or licensing of a public hall for a brief period, in which it is "obvious that the safety of the building must be left mainly to the" owner, do not support the application of § 359 to a case like this. Cf. Oxford v. Leathe, 165 Mass. 254, 255; Schofield v. Wood, 170 Mass. 415, 416, 418; Shrigley v. Boston Symphony Orchestra, Inc. 287 Mass. 300, 302-303; Simons v. Murray Realty, Inc. 330 Mass. 194, 196-197; note, 62 Harv. L. Rev. 669, 671. Exceptions sustained.

  3. Ofgant-Jackson Chevrolet, Inc. v. MacQuade

    154 N.E.2d 344 (Mass. 1958)   Cited 2 times

    It would have been appropriate for the judge to make explicit findings of the facts relied upon by him in denying request numbered 8. Bresnick v. Heath, 292 Mass. 293, 298-299. Simons v. Murray Realty, Inc. 330 Mass. 194, 195, 198. Cf. Commonwealth v. Hull, 296 Mass. 327, 336. Cf. also Povey v. Colonial Beacon Oil Co. 294 Mass. 86, 93; Perry v. Hanover, 314 Mass. 167, 174-175. However, even without such findings, it is plain that, on the issues raised by this record, request numbered 8 was incomplete. It may be that this request expressed a correct principle of abstract law in other circumstances.