Marshall V. Inhabitants of Ipswich
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned by the plaintiff’s falling on some bricks in County Street in Ipswich, a highway which the defendants were bound to keep in repair.
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Tort for personal injuries occasioned by the plaintiff’s falling on some bricks in County Street in Ipswich, a highway which the defendants were bound to keep in repair. At the trial in the Superior Court, before Brigham, C. J., the following facts appeared : The owners of the land on the side of the street, opposite which the alleged injuries were received, had set their fence back from the line of the highway as laid out, some four feet, as the defendants contended, but, as the plaintiff contended, some two feet. Opposite and by the side of this fence, some broken brick had been spread,…
1Opinion of the CourtAmes, J.
The exact position of the pile of bricks upon which the plaintiff fell was in dispute, and the evidence upon the subject was conflicting. The road was level through its entire width of forty feet, and worked for travel. It is not suggested that under ordinary circumstances there was any peculiar difficulty in seeing its limits, or any special liability to stray beyond them <m *526account of their uncertainty. The plaintiff was crossing the road, in the dark, and just after a fall of snow by which the bricks were partially covered, so that as he claimed it was impossible to tell where they were.…
2Cases cited2 opinions
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Randall v. Eastern RailroadMassachusetts Supreme Judicial Court · 1871
3Cited by15 opinions
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Herndon v. Salt Lake CityUtah Supreme Court · 1908
- City of Vincennes v. SpeesIndiana Court of Appeals · 1905
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