Nicodemo v. Inhabitants of Southborough
Massachusetts Supreme Judicial Court
Tort, for personal injuries caused by an alleged defect in a highway in the defendant town. Trial in the Superior Court, before Sherman, J., who refused to rule, as requested by the defendant, that on all the evidence the plaintiff could not recover. The jury returned a verdict for the plaintiff; and the judge reported the case for the determination of this court.
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Tort, for personal injuries caused by an alleged defect in a highway in the defendant town. Trial in the Superior Court, before Sherman, J., who refused to rule, as requested by the defendant, that on all the evidence the plaintiff could not recover. The jury returned a verdict for the plaintiff; and the judge reported the case for the determination of this court. If the ruling requested should have been given, judgment was to be entered for the defendant; otherwise, the verdict was to stand. The facts appear in the opinion. The case was argued at the bar in November, 1898, and afterwards was…
1Opinion of the CourtLathrop, J.
On February 14, 1894, a contract was entered into by the city of Boston, acting by its water board, and the town of Southborough, by the terms of which the town consented to the discontinuance by the city of certain town, county, and other public ways in the town, as shown in blue on a plan annexed, and to the laying out, relocating, altering, building, reconstruction, and repair of certain other parts of said ways, as shown in red on the plan, and to the changing of grade of certain other parts as shown in yellow on the plan, “ all of which,” it is stated, “ said water board deems necessary…
2Cases cited11 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Pearson v. AllenMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
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3Cited by6 opinions
- Dakin v. City of SomervilleMassachusetts Supreme Judicial Court · 1928
- Teague v. City of BostonMassachusetts Supreme Judicial Court · 1932
- L'Homme v. Town of WinchendonMassachusetts Supreme Judicial Court · 1934
- Boyce v. Town of TempletonMassachusetts Supreme Judicial Court · 1956
- Gallagher v. City of MedfordMassachusetts District Court, Appellate Division · 1988
1 more not listed; retrieve them via the Exa API.