Lowe v. Inhabitants of Clinton
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant town. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: On the night of May 9, 1879, the plaintiff, while walking on the sidewalk, in the exercise of due care, on the east side of North Main Street in the defendant town, struck her foot against a pine stump, and was thrown down and injured.
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Tort for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant town. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: On the night of May 9, 1879, the plaintiff, while walking on the sidewalk, in the exercise of due care, on the east side of North Main Street in the defendant town, struck her foot against a pine stump, and was thrown down and injured. On the 16th of that month, she gave a notice in writing to the town, in which she stated that she, “ while passing along and over that portion…
1Opinion of the CourtDevens, J.
The notice under the St. of 1877, c. 234, attributes the cause of the plaintiff’s injury to a defect or want of repair in that portion of North Main Street, in Clinton, lying between the residences of C. C. Stone and Ethan A. Currier, “ to wit, a stump projecting four inches above the surface of the sidewalk on the east side of said street, between the residences aforesaid.” These dwelling-houses were about fifty rods apart, and there were three other.houses between them on the east *528side of the street. That the stump might have been located more nearly and accurately is obvious; but the best…
2Cases cited3 opinions
- Law v. Town of FairfieldSupreme Court of Vermont · 1874
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- Butts v. Town of StoweSupreme Court of Vermont · 1880
3Cited by16 opinions
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- City of Lincoln v. O'BrienNebraska Supreme Court · 1898
- Harder v. City of MinneapolisSupreme Court of Minnesota · 1889
- Lyman v. County of HampshireMassachusetts Supreme Judicial Court · 1884
- Cronin v. City of BostonMassachusetts Supreme Judicial Court · 1883
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