Kelley v. City of Boston
Massachusetts Supreme Judicial Court
Tobt under Pub. Sts. c. 52, for injuries alleged to have been caused by a defect in Smith Street in Boston consisting of a catch basin of a sewer negligently left open and uncovered. Writ dated June 14, 1899. In the Superior Court, Cfaskill, J. directed a verdict for the defendant, and- reported the case for the consideration of this court. If the ruling was correct judgment was to be ordered for the defendant; otherwise, judgment for the plaintiff for $500.
1Opinion of the CourtKnowlton, J.
This action is brought under the Pub. Sts. c. 52, for the failure of the city to keep its street reasonably safe and convenient for travellers. The cover had been removed from the top of a catch basin about two feet square, situated' about sixty feet from the front entrance of the plaintiff’s dwelling house, in the highway, close to the curbstone, at the outer edge of the sidewalk. In the middle of the afternoon of May first, the plaintiff missed her boy who was three years and eleven months old, and went out to look for him. When she reached the street she heard some children cry out that…
2Cases cited1 opinion
- Harwood v. Inhabitants of OakhamMassachusetts Supreme Judicial Court · 1890
3Cited by6 opinions
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- Galluzzi v. City of BeverlyMassachusetts Supreme Judicial Court · 1941
- Jones v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Whalen v. City of BostonMassachusetts Supreme Judicial Court · 1939
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