Bracken v. City of Newton

This is an action of tort for damages resulting from a fall claimed to have been caused in the sidewalk on Washington Street, Newton. The answer is general denial and a plea of contributory negligence.

Plaintiff was returning to his home around mid-night with a friend; he had had three drinks of *99whiskey; he stumbled once before reaching the scene of the accident; he did not stagger at any time. He was "happy and gay” even after he fell into the alleged defect and acquired a cut on his scalp requir-ing seven stitches at the Wellesley Newton Hospital.

The area of the depression was described to…