Giunta v. City of Waltham

This is an action of tort under G. L. (Ter. Ed.) c. 84, § 15, begun on November 3, 1949, for injuries received when the plaintiff was thrown off her bicycle by reason of an accumulation of loose gravel six inches deep on a public way.

The plaintiff requested the following instruction to the jury. “Where an accumulation of loam, gravel and cinders which extended out from an ‘ abutment to the sidewalk under (a) railroad bridge about eighteen inches and projected about six inches in height ’ existed and other evidence offered by the plaintiff justified an inference that the accumulated material…