Keating v. City of Boston
Massachusetts Supreme Judicial Court
Tort, under B. L. c. 51, § 18, against the city of Boston for personal injuries alleged to have been sustained by reason of a defect in the sidewalk of Melrose Street, a highway of the defendant, while the plaintiff was travelling thereon in the exercise of due care on the afternoon of December 12, 1901. Writ dated April 12, 1905. In the Superior Court the case was tried before Stevens, J. The findings of fact which were warranted by the plaintiff’s evidence are stated in…
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Tort, under B. L. c. 51, § 18, against the city of Boston for personal injuries alleged to have been sustained by reason of a defect in the sidewalk of Melrose Street, a highway of the defendant, while the plaintiff was travelling thereon in the exercise of due care on the afternoon of December 12, 1901. Writ dated April 12, 1905. In the Superior Court the case was tried before Stevens, J. The findings of fact which were warranted by the plaintiff’s evidence are stated in the opinion. At the close of the plaintiff’s evidence, the defendant rested, and asked the judge to order a verdict for…
1Opinion of the CourtLoring, J.
The plaintiff, while walking on a sidewalk in one of the defendant’s city streets “ going west,” stepped on a coal hole cover. The cover slipped off, one of her legs went into the hole and she was thrown down violently and broke her arm.
Two witnesses testified that they examined the coal hole on the afternoon of the day of the accident, and that the cover would slip when stepped on by a person going west. Another witness testified that he examined it the next day and that “ By pressing.down on it solid everything was firm. ... I stepped back and put my heel on it and it tossed right up.” This…
2Cases cited5 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- McGaffigan v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Franklin v. City of WorcesterMassachusetts Supreme Judicial Court · 1910
3Cited by4 opinions
- Hill v. NortonWest Virginia Supreme Court · 1914
- Citizens Savings Bank v. CovingtonCourt of Appeals of Maryland · 1938
- Campbell v. City of ChillicotheSupreme Court of Missouri · 1912
- Kaplan v. PalefskyMassachusetts District Court, Appellate Division · 1945