Hanscom v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal, injuries occasioned to the plaintiff by an alleged defect in North Street, a highway in.Boston. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : The plaintiff testified that he was on his way to the.
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Tort for personal, injuries occasioned to the plaintiff by an alleged defect in North Street, a highway in.Boston. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : The plaintiff testified that he was on his way to the. East Boston Ferry, going to his home by his usual route, and was walking down North Street on the southerly sidewalk; that it was snowing at the time, and that two or three inches of snow-had then fallen upon the walk, so that he could not see the face of the walk or the cover of a certain coal-hole therein; that, as…
1Opinion of the CourtField, J.
The Pub. Sts. c. 52, § 18, provide that, if a person receives bodily injury, or damage to his property, through a defect in a highway, “ which might have been remedied, or which damage or injury might have been prevented by reasonable care and diligence on the part of the county, town,” &c., he may recover damages therefor. This provision was taken from the St. of 1877, c. 234, § 2. By the Gen. Sts. c. 44, § 22, such a person might recover damages, if the county or town “ had reasonable notice of the defect, .... or if the same had existed for the space of twenty-four hours previous to the…
2Cases cited12 opinions
- Harriman v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Rooney v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1880
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1877
- Burt v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Lyman v. County of HampshireMassachusetts Supreme Judicial Court · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Carvin v. City of St. LouisSupreme Court of Missouri · 1899
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Noyes v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1888
14 more not listed; retrieve them via the Exa API.