Lorenzo v. Wirth
Massachusetts Supreme Judicial Court
49 N.E. 1010 (1898)
- Written by Kheana Pollard, JD
Facts
Clemence Lorenzo (plaintiff) had recently moved to Massachusetts from Spain. Lorenzo was walking from her home to the street when Lorenzo fell into a coal hole placed by Maria Wirth (defendant). Lorenzo brought suit against Wirth for her injuries. The trial court found in favor of Wirth on the basis that surrounding circumstances constituted sufficient warning that there was a coal hole ahead. There was a group of workers near the hole, a pile of coal, shovels, and a coal wagon. However, witnesses noted that it was dark out and that the workers had ceased delivering the coal by the time of the incident. The jury found in favor of Lorenzo. Wirth challenged the decision.
Rule of Law
Issue
Holding and Reasoning (Holmes, J.)
Dissent (Knowlton, J.)
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