Spinney v. R. M. Bradley & Co.
Spinney v. R. M. Bradley & Co.
Opinion of the Court
It expressly appears from the bill of exceptions that the only issue raised is whether the trial judge should have granted the defendants' motions for directed verdicts. Henrietta Spinney seeks to recover damages for personal injuries sustained by her on September 5, 1935, when a ceiling fell in the apartment that she and her husband, the other plaintiff, occupied in a building owned by the defendant Skinner and managed by the other defendant, hereinafter referred to as the company. William R. Spinney, who sues to recover for his consequential damages, entered
The jury could have found that a week or two before the plaster fell Mrs. Spinney directed the attention of the company’s manager and another employee to the condition of the ceiling and the manager said that it would be taken care of, but that nothing was done. In January, “ 1933 or 1934,” as a result of the freezing of pipes in the suite directly over the room occupied by the plaintiffs, "a good deal” of water came through the floor and down through the ceiling in the same section where the plaster later fell. ' It does not appear that anything was thereafter done to the ceiling except to calcimine it. When water comes down through a ceiling, it has a tendency to weaken the bond or the clinching of the plaster. Sometimes it breaks the rivet that binds the plaster to the laths, and sometimes it does not, but if a bulge is seen in the plaster, that is a warning that it is dangerous. There was evidence of a bulge in the plaster, and it looked as if it might fall "on one occasion, just prior to this accident.” When the attention of the manager was directed to the condition of the plaster, he examined it and made tests by pressing a broom handle
We are of opinion that there was no error. It was for the jury to say whether, in the circumstances, the defendants were reasonably diligent in making the repairs which they concede they should have made. It is true that the manager of the company testified that he tested the ceiling “as . . . [he tested] all ceilings,” by putting the end of a broomstick up “in the ceiling that . . . [appeared] to be loose” and by exerting a certain amount of pressure, and that by this test the ceiling was sound, that is, “it didn’t give.” It was for the jury to determine whether to accept this evidence, but he further testified that he made a notation in his book that “certainly” the next time he had the plasterer in the building he would have him look at it. The jury could have determined that, in the circumstances, a condition existed that ought not to wait for the routine arrival of the plasterer. See Green v. Pearlstein, 213 Mass.
Exceptions overruled.
Reference
- Full Case Name
- Henrietta Spinney v. R. M. Bradley & Co. Inc. (and three companion cases)
- Status
- Published