Junkins v. Inhabitants of Stoneham
Massachusetts Supreme Judicial Court
Tort, under R. L. c. 51, § 18, for personal injuries suffered by the plaintiff on July 13, 1917, in the daytime and alleged to have been caused by a defect in the sidewalk of Green Street in Stone-ham. Writ dated November 1, 1917. In the Superior Court the action was tried before Aiken, C. J. The material evidence is described in the opinion.
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Tort, under R. L. c. 51, § 18, for personal injuries suffered by the plaintiff on July 13, 1917, in the daytime and alleged to have been caused by a defect in the sidewalk of Green Street in Stone-ham. Writ dated November 1, 1917. In the Superior Court the action was tried before Aiken, C. J. The material evidence is described in the opinion. At the close of the evidence the defendant asked for the following rulings: "1. That on the evidence and pleadings, the plaintiff is not entitled to recover. “2. That there is no evidence that the plaintiff was in the exercise of due care. “3. That there…
1Opinion of the CourtDe Courcy, J.
Green Street is a public way in Stoneham, which the town is legally bound to keep in repair. At the place of the accident, the adjoining land is three feet, or more, below the level of the sidewalk; and there is no railing or barrier on the retaining wall. The plaintiff testified that, while walking to his home in the forenoon of July 13, 1917, he “ stepped on a stone and turned his ankle, which caused him to lose his balance; that in trying to gather himself, his other foot hit another stone embedded in the ground and which projected two or three inches, causing him to fall sideways to the…
2Cases cited7 opinions
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Ginns v. C. T. Sherer Co.Massachusetts Supreme Judicial Court · 1914
- Redford v. City of WoburnMassachusetts Supreme Judicial Court · 1900
- Lyman v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1871
- Thomas v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mello v. City of PeabodyMassachusetts Supreme Judicial Court · 1940
- George v. City of MaldenMassachusetts Supreme Judicial Court · 1931
- Barton v. City of BostonMassachusetts Supreme Judicial Court · 1938
- Whittaker v. Town of BrooklineMassachusetts Supreme Judicial Court · 1945
- Hamlet v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1924
4 more not listed; retrieve them via the Exa API.