Britton v. Inhabitants of Cummington
Massachusetts Supreme Judicial Court
Tost on the Gen. Sts. o. 44, § 22, for injuries alleged to have been received by the plaintiff by being hurt in his person and having his horses and carriage injured through a defect in a highway leading from Cummington to Windsor, which the defendants were hound to keep in repair, and on which the plaintiff was travelling with due care. The answer denied all the plaintiff’s material allegations.
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Tost on the Gen. Sts. o. 44, § 22, for injuries alleged to have been received by the plaintiff by being hurt in his person and having his horses and carriage injured through a defect in a highway leading from Cummington to Windsor, which the defendants were hound to keep in repair, and on which the plaintiff was travelling with due care. The answer denied all the plaintiff’s material allegations. At the trial in the superior court, before Pitman, J., the defendants admitted that the highway was one which they were bound to keep in repair, and the plaintiff’s testimony concerning the accident…
1Opinion of the CourtChapman, C. J.
There can be no doubt that a traveHer on the highway may stop his horse, ahght from his carriage, and employ himself, while out of his carriage, in acts that have no connection with his journey or its purpose. Babson v. Rockport, 101 Mass. 93. Such a position and such employment, for a reasonable time, would not of itself deprive him of his rights as a traveHer. Rests of such a character, during a journey, are common. They may be of such a character as to make it clear that the party has ceased to use the highway as a traveHer, and when there is no evidence that the plaintiff is using it as a…
2Cases cited1 opinion
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
3Cited by14 opinions
- Woodman v. HaynesMassachusetts Supreme Judicial Court · 1935
- Hay v. HillSupreme Court of Connecticut · 1950
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Puffer v. Inhabitants of OrangeMassachusetts Supreme Judicial Court · 1877
- Gulline v. City of LowellMassachusetts Supreme Judicial Court · 1887
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