Luther v. City of Worcester
Massachusetts Supreme Judicial Court
Tort for an injury sustained by a fall on a sidewalk in Main Street in Worcester, the declaration alleging that it was a highway which it was the duty of the defendants to keep in repair, but which they negligently suffered to be out of repair, defective, dangerous and slippery from ice. The defendants denied that they were negligent, or that they were liable for any injury resulting from a highway being slippery from ice.
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Tort for an injury sustained by a fall on a sidewalk in Main Street in Worcester, the declaration alleging that it was a highway which it was the duty of the defendants to keep in repair, but which they negligently suffered to be out of repair, defective, dangerous and slippery from ice. The defendants denied that they were negligent, or that they were liable for any injury resulting from a highway being slippery from ice. The case came before this court on a report by which it appeared that at the trial in the superior court, before Ames, J., the plaintiff testified that on the morning of…
1Opinion of the CourtBigelow, C. J.
The ruling of the court in this case seems to have been founded on a misapprehension of the recent decisions of this court in Stanton v. Springfield, 12 Allen, 566, and the other cases reported therewith in the notes. The point of those decisions was this, that a way properly constructed and kept in *271ouch condition as to be reasonably safe and convenient for travel at all seasons of the year, would not become defective and out of repair by reason of the fact that it was covered with a smooth and even surface of ice which rendered it slippery and so exposed persons passing over it to fall down…
2Cited by28 opinions
- Kai Jakobsen v. Massachusetts Port AuthorityCourt of Appeals for the First Circuit · 1975
- Graham v. City of ChicagoIllinois Supreme Court · 1931
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Cromarty v. City of BostonMassachusetts Supreme Judicial Court · 1879
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