Opinion

Dolan v. Suffolk Franklin Savings Bank

  • 355 Mass. 665
  • 246 N.E.2d 798
  • 1969 Mass. LEXIS 853
Court
Massachusetts Supreme Judicial Court
Filed
Apr 15, 1969
Status
Published
Author
Cutter
On the bench
Wilkins, Cutter, Kirk, Spiegel, Reardon
Cited by
22 cases
Authority
More cited than 5.0%

holding that a landlord may be liable for fire damage resulting from failure to install sprinklers required by city ordinance

How later courts described this case

  • holding that a landlord may be liable for fire damage resulting from failure to install sprinklers required by city ordinance
  • violation of safety statute evidence of negligence

Written by the judges who cited it.

The opinion

Cutter, J.

(concurring) I concur in the result of part 1 of the opinion on the ground that (subject to proof of other elements of liability, see Wainwright v. Jackson, 291 Mass. 100, 102-103 ) violation of § 1008 (a) of the Boston Building Code may be found to be evidence of negligence; i.e. failure to “exercise reasonable care to keep” a portion of the building (not a common area and not part of the premises let to the plaintiff) “in such condition that others will not be injured.” See Chalfen v. Kraft, 324 Mass. 1, 4 ; Ross v. Broitman, 338 Mass. 770, 772-773 . This is on the assumption that, with respect to the premises let to Mrs. Pantages, the bank could be found to have possessed power to control the installation of sprinklers, the structural condition of the building, and the prevention of dangerous and unlawful use of the premises.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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