Newton v. City of Worcester
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by a defect in the sidewalk of a street, which the defendant was bound to keep in repair.
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Tort, for personal injuries occasioned to the plaintiff by a defect in the sidewalk of a street, which the defendant was bound to keep in repair. At the trial, before Dewey, J., it appeared in evidence that the sidewalk, at the point where the accident occurred, had depressions in its surface, caused by wear, and by reason of some of the bricks being depressed and some being elevated; that there were no projections or sharp corners, and that the surface of the depressions was smooth ; that these depressions varied in depth from half an inch to three quarters of an inch, and varied in size…
1Opinion of the CourtAllen, J.
We think a somewhat broader construction should be given to the language of St. 1896, c. 540, than was given to it by the presiding justice. The Legislature obviously thought that too heavy a burden rested upon cities and towns under the previous statutes, and the statute was probably designed to exempt them from liability under such circumstances as were found to exist in Adams v. Chicopee, 147 Mass. 440, and Hughes v. Lawrence, 160 Mass. 474. Accordingly, it is now provided that “ No city or town shall be liable for any injury or damage to person or property hereafter received or suffered…
2Cases cited4 opinions
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Adams v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1888
- Thwing v. CliffordMassachusetts Supreme Judicial Court · 1884
- Leyland v. PingreeMassachusetts Supreme Judicial Court · 1883
3Cited by14 opinions
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Sims v. TigrettSupreme Court of Alabama · 1934
- DePrizio v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1935
- Grossblatt v. WrightCalifornia Court of Appeal · 1951
- O'Neil v. City of BostonMassachusetts Supreme Judicial Court · 1926
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