Puffer v. Inhabitants of Orange
Massachusetts Supreme Judicial Court
Tort for injuries occasioned by an alleged defect in a high* way, which the defendant was bound to keep in repair. At the trial in the Superior Court, before Brigham, C. J., there was evidence tending to prove that the plaintiff on May 18, 1872, was travelling with a horse and buggy on the highway in question in a northerly direction, and was approaching a railroad crossing at grade; that the plaintiff’s horse was startled by the noise of an approaching train of cars and…
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Tort for injuries occasioned by an alleged defect in a high* way, which the defendant was bound to keep in repair. At the trial in the Superior Court, before Brigham, C. J., there was evidence tending to prove that the plaintiff on May 18, 1872, was travelling with a horse and buggy on the highway in question in a northerly direction, and was approaching a railroad crossing at grade; that the plaintiff’s horse was startled by the noise of an approaching train of cars and jumped towards the right or easterly side of the highway, and, because there was no railing on the side of the highway to…
1Opinion of the CourtGray, C. J.
The law which governs this case is well settled by the decisions of this court. A town is bound to erect barriers or railings, where a dangerous place is in such close proximity to the highway as to make travelling on the highway unsafe. Stevens v. Boxford, 10 Allen, 25. Babson v. Rockport, 101 Mass. 93. Britton v. Cummington, 107 Mass. 347. But it is not bound to do so, to prevent travellers from straying from the highway, although there is a dangerous place, at some distance from the highway, which they may reach by so straying. Sparhawk v. Salem, 1 Allen, 30. Adams v. Natick, 13 Allen,…
2Cases cited5 opinions
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Murphy v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1870
- Britton v. Inhabitants of CummingtonMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. Inhabitants of WilmingtonMassachusetts Supreme Judicial Court · 1870
3Cited by20 opinions
- Sedita v. SteinbergSupreme Court of Connecticut · 1926
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
- City of Beaumont v. KaneCourt of Appeals of Texas · 1930
- Birckhead v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
- Barnes v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1884
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