Delamaine v. Inhabitants of Revere
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, when he was walking on Ocean Avenue near Beach Street in Revere, by reason of a crutch which he was using passing through an opening in a drain cover which was concealed by papers, circulars and refuse. Writ dated August 9, 1911. In the Superior Court the case was tried before Fessenden, J. The material evidence is described in the opinion.
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Tort for personal injuries received by the plaintiff, when he was walking on Ocean Avenue near Beach Street in Revere, by reason of a crutch which he was using passing through an opening in a drain cover which was concealed by papers, circulars and refuse. Writ dated August 9, 1911. In the Superior Court the case was tried before Fessenden, J. The material evidence is described in the opinion. The jury, in reply to a special question, found that the damages sustained by the plaintiff were $2,000. The judge ordered a verdict for the defendant and reported the case to this court for…
1Opinion of the CourtPierce, J.
This is an action of tort to recover for injuries sustained on May 31, 1911, near the intersection of Beach Street and Ocean Avenue in the town of Revere, by reason of the plaintiff’s crutch passing through an opening in a drain cover which was concealed by paper and circulars and refuse which had collected.
The drain referred to was constructed for the purpose of taking care of the surface water in the streets, and it had nothing to do with the sewers of the town of Revere. It was laid out as an extension of the drain at the corner of Ocean Avenue and Beach Street in 1899, without a vote of…
2Cases cited10 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
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3Cited by3 opinions
- Whalen v. Worcester Electric Light Co.Massachusetts Supreme Judicial Court · 1940
- Caissie v. City of CambridgeMassachusetts Supreme Judicial Court · 1944
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1929