Griffin v. City of Boston
Massachusetts Supreme Judicial Court
Tort for injuries from being struck on the head by the falling handle of a gravel heater then standing on Charles Street in Boston and alleged to be a defect in that highway. Writ dated April 22,1898. At the trial in the Superior Court before Wait, J., it appeared, that the plaintiff, at the time of his injury, was about eight years of age.
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Tort for injuries from being struck on the head by the falling handle of a gravel heater then standing on Charles Street in Boston and alleged to be a defect in that highway. Writ dated April 22,1898. At the trial in the Superior Court before Wait, J., it appeared, that the plaintiff, at the time of his injury, was about eight years of age. He testified that on the afternoon of the day of the accident, he was sent by his mother to the Charles River Park Gymnasium, to call his sister home; that coming from Leverett Street he walked down Charles Street a little way on the sidewalk opposite the…
1Opinion of the CourtBarker, J.
We think the case should have been submitted to the jury.
1. There was no evidence- that the plaintiff voluntarily or by his own act came in contact with any portion of the heater, or that there was any circumstance which ought to have indicated to him that the tongue or handle would fall. It was proper for him to be in the highway and to cross it where he attempted so to do. Therefore he might have been found to be a traveller exercising due care.
2. Inanimate objects resting upon the surface of a properly wrought way, if of a nature to endanger travel,- have been held to make the way…
2Cases cited5 opinions
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
- Pratt v. Inhabitants of CohassetMassachusetts Supreme Judicial Court · 1901
- Maccarty v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1874
3Cited by12 opinions
- Whalen v. Worcester Electric Light Co.Massachusetts Supreme Judicial Court · 1940
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Griffin v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Valvoline Oil Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1920
- Bowman v. City of NewburyportMassachusetts Supreme Judicial Court · 1941
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