McGowan v. City of Boston
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant city. At the trial in the Superior Court, before Mason, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The injury to the plaintiff occurred on March 4, 1896, and was caused by her slipping or falling on ice on the sidewalk of a street in the defendant city. There was conflicting evidence as to the nature of the ice, the plaintiff’s evidence tending to show that it was rough and uneven, and the defendant’s evidence tending to show that at the place of the accident there was a patch of glassy, slippery, thin ice, and that except this patch the sidewalk was free from snow and ice. There was also evidence which tended to show that at the place where the plaintiff fell there was a water conductor…
2Cases cited13 opinions
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Olson v. City of WorcesterMassachusetts Supreme Judicial Court · 1886
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3Cited by5 opinions
- City of Muncie v. HeyIndiana Supreme Court · 1905
- Magaha v. Mayor of HagerstownCourt of Appeals of Maryland · 1902
- City of Chickasha v. DanielsSupreme Court of Oklahoma · 1926
- Becker v. City of MitchellSouth Dakota Supreme Court · 1933
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902