Kenny v. Inhabitants of Ipswich
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by a defect in a highway of the defendant while the plaintiff was riding a bicycle thereon. Writ dated October 21,1898. At the trial in the Superior Court, before Bell, J., it was admitted that the town was bound to keep in repair the road on which the plaintiff was riding. Due notice of .the time and place and cause of the accident was given the defendant.
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Tort for personal injuries alleged to have been caused by a defect in a highway of the defendant while the plaintiff was riding a bicycle thereon. Writ dated October 21,1898. At the trial in the Superior Court, before Bell, J., it was admitted that the town was bound to keep in repair the road on which the plaintiff was riding. Due notice of .the time and place and cause of the accident was given the defendant. The evidence of the plaintiff tended to show the existence of a gully, beginning in the travelled part of the highway near the centre and extending to a concrete gutter on the…
1Opinion of the CourtHammond, J.
This is an action of tort to recover for injuries alleged to have been occasioned to the plaintiff by reason of a defect in a highway which the defendant was bound to keep in repair. At the time of the accident the plaintiff was riding upon a bicycle and • was thrown from it by its contact *371with a gully in the way. At the close of the charge the defendant presented a certain request for a ruling, which request was refused by the court and the defendant excepted. The plaintiff’s counsel was present in court, but the request was not shown to him and he was not aware that the instruction was…
2Cases cited1 opinion
- Richardson v. Inhabitants of DanversMassachusetts Supreme Judicial Court · 1900
3Cited by7 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
- Commonwealth v. Min SingMassachusetts Supreme Judicial Court · 1909
- Rust v. Inhabitants of EssexMassachusetts Supreme Judicial Court · 1902
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