Morain v. Devlin

Sophia Morain v. Margaret Devlin

Morain v. Devlin, 132 Mass. 87 (1882)

Court: Massachusetts Supreme Judicial Court · State Highest Courts
Decided: January 3, 1882
Judges: Gray
Citations: 132 Mass. 871882 Mass. LEXIS 26

Headnotes

A lunatic is civilly liable for an injury caused by the defective condition of a place, not in the exclusive occupancy and control of a tenant, upon real estate of which he is the owner, and of which his guardian has the care and management.

Summary

Tort for personal injuries occasioned to the plaintiff, on May 10,1880, by a defect in a doorstep of a tenement building owned by the defendant in Lawrence. At the trial in the Superior Court, before Brigham, C. J., the plaintiff conceded that, since 1876, the defendant has been an insane person confined in one of the lunatic hospitals of the Commonwealth; and that in 1876 John Cheetham was duly appointed guardian of the defendant, and has ever since held the appointment and had the care and management of all the property of his ward. Cheetham was appointed guardian ad litem. The defendant asked the judge to instruct the jury that, upon the above facts, the action could not, as matter of law, be maintained. But the judge declined so to rule, and submitted the case to the jury under instructions not otherwise objected to by the' defendant. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions to the refusal to rule as requested.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gray

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Gray, C. J.

By the common law, as generally stated in the books, a lunatic is civilly liable to make compensation in damages to persons injured by his acts, although, being incapable of criminal intent, he is not liable to indictment and punishment. Bac. Max. reg. 7. Weaver v. Ward, Hob. 134. 2 Rol. Ab. 547. 1 Hale P. C. 15, 16. 1 Hawk. c. 1, § 5. Bac. Ab. Idiots & Lunatics, E. Haycraft v. Creasy, 2 East, 92, 104. 1 Chit. Pl. (2d Am. ed.) 65. Morse v. Crawford, 17 Vt. 499 . Cross v. Kent, 32 Md. 581 . Ward v. Conatser, 4 Baxter, 64 . Bullock v. Babcock, 3 Wend. 391, 393, 394 . Behrens v. McKenzie, 23 Iowa, 333, 343 . Lancaster Bank v. Moore, 78 Penn. St. 407, 412. See also Dickinson v. Barber, 9 Mass. 225 ; Brown v. Howe, 9 Gray, 84 , 85.

But this case does not require the affirmance of so broad a proposition. This is not an action for a wrong done by the personal act or neglect of the lunatic, but for an injury suffered by reason of the defective condition of a place, not in the exclusive occupancy and control of a tenant, upon real estate of which the lunatic himself, and not his guardian, is the owner. Harding v. Larned, 4 Allen, 426 . Harding v. Weld, 128 Mass. 587, 591 . The owner of real estate is liable for such a defect, although not caused by his own neglect, but by that of persons acting in his behalf or under contract with him. Looney v. McLean, 129 Mass. 33 . Gorham v. Gross, 125 Mass. 232 . Bartlett v. Boston Gas Light Co. 117 Mass. 533 . And there is no precedent and no reason for holding that a lunatic, having the benefits, is exempt from the responsibilities of ownership of real estate. The ruling requested was therefore rightly refused.

Fxceptions overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

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Relies on it most ⓘ

Williams v. Hays38 N.E. 449 (N.Y. 1894)
McGuire v. Almy8 N.E.2d 760 (Mass. 1937)
Woods v. Brown93 Ind. 164 (1884)
Yancey v. Maestri155 So. 509 (La. Ct. App. 1934)
Gibson v. Pollock166 S.W. 874 (Mo. Ct. App. 1914)
Jewell v. Colby24 A. 902 (N.H. 1890)

Most recent

Filip v. Gagne177 A.2d 509 (N.H. 1962)
McGuire v. Almy8 N.E.2d 760 (Mass. 1937)
Yancey v. Maestri155 So. 509 (La. Ct. App. 1934)
Gibson v. Pollock166 S.W. 874 (Mo. Ct. App. 1914)
Rooney v. People's Trust Co.61 Misc. 159 (N.Y. Sup. Ct. 1908)
Ward v. Roger51 Misc. 299 (N.Y. Sup. Ct. 1906)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

Depth	Case	Cited by
	Looney v. McLean, 129 Mass. 33 (1880)	106
	Gorham v. Gross, 125 Mass. 232 (1878)	69
	Behrens v. McKenzie, 23 Iowa 333 (1867)	51
	Bullock v. Babcock, 3 Wend. 391 (N.Y. Sup. Ct. 1829)	38
	Morse v. Crawford, 17 Vt. 499 (1845)	37
	Dickinson v. Barber, 9 Mass. 225 (1812)	33
	Bartlett v. Boston Gas Light Co., 117 Mass. 533 (1875)	21
	Harding v. Weld, 128 Mass. 587 (1880)	19
	Cross v. Kent, 32 Md. 581 (1870)	17

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