Stewart v. Hugh Nawn Contracting Co.
Massachusetts Supreme Judicial Court
Two actions of tort for personal injuries alleged to have been suffered by the plaintiff by reason of a loose plank in the covering of the excavation for the construction of the subway under Boylston Street in Boston, alleged to be a defect in that highway caused by negligence of the defendant contracting company.
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Two actions of tort for personal injuries alleged to have been suffered by the plaintiff by reason of a loose plank in the covering of the excavation for the construction of the subway under Boylston Street in Boston, alleged to be a defect in that highway caused by negligence of the defendant contracting company. Writs dated December 13, 1913. In the Superior Court the cases were tried together before Raymond, J. The testimony of the plaintiff and of Clarkson as to the planks in question, referred to in the opinion, was in substance as follows: The plaintiff testified that at the time of her…
1Opinion of the CourtCrosby, J.
The plaintiff, while crossing Boylston Street in the city of Boston from the store numbered 332 on that street to the farther side of the street where she intended to post a letter at a mail box located near the corner of Arlington Street, was injured by reason of an alleged defect in the street.
The plaintiff testified that when she was crossing over the outbound street railway track, she stepped upon a plank lying next to the most northerly rail and that the plank “gave way under my foot, and I caught — I twisted my anide and caught my heel on the edge of the plank as it turned up and lost…
2Cases cited5 opinions
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Mahoney v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Connelly v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Rockwell v. McGovernMassachusetts Supreme Judicial Court · 1909
- Murray v. City of BostonMassachusetts Supreme Judicial Court · 1914
3Cited by11 opinions
- McGovern v. City of BostonMassachusetts Supreme Judicial Court · 1918
- Robinson v. DoeMassachusetts Supreme Judicial Court · 1916
- Commonwealth v. DavidMassachusetts Supreme Judicial Court · 1957
- Bartol v. City of BostonMassachusetts Supreme Judicial Court · 1927
- United States v. Golden Gate Bridge & Highway Dist.District Court, N.D. California · 1941
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