Casey v. City of Malden
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant city. Trial in the Superior Court, before Maynard, J., who ruled that, upon the whole evidence, the plaintiff could not recover, and directed a verdict for the defendant, and reported the case for the determination of this court. If the ruling was correct, the 'verdict was to stand; otherwise, a new trial was to be ordered. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The plaintiff, a boy between nine and ten years of age and of average intelligence, was injured by falling into a man-hole of a sewer, being constructed by the Metropolitan Sewerage Commissioners, acting under the St. -of 1889, c. 439. The sewer was in a public street of the defendant city, and the man-hole, which was about three feet in diameter, had been left open and unguarded from eight o’clock in the morning until the time of the accident, which was between three and four o’clock in the afternoon. The plaintiff walked backward from the house where he lived, a distance of twenty-five or…
2Cases cited3 opinions
- Gay v. Essex Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1886
3Cited by7 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Morey v. Gloucester Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Mullen v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Colomb v. Portland & Brunswick Street RailwaySupreme Judicial Court of Maine · 1905
- Jackson ex rel. Moore v. City of JamestownNorth Dakota Supreme Court · 1916
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