Campbell v. City of Boston
Massachusetts Supreme Judicial Court
Tort, undex’ R. L. c. 51, § 18, against the city of Boston for personal injuries alleged to have been caused by the caving in of a portion of the sidewalk of Fulton Street in that city, while the plaintiff was travelling thereon in front of the building numbex’ed 29, about five o’clock in the afternoon of October 1, 1902. Writ in the Municipal Court of the City of Boston dated October 9, 1902. On appeal to the Superior Court the case was tried before Schofield, J. The…
Read the full summary
Tort, undex’ R. L. c. 51, § 18, against the city of Boston for personal injuries alleged to have been caused by the caving in of a portion of the sidewalk of Fulton Street in that city, while the plaintiff was travelling thereon in front of the building numbex’ed 29, about five o’clock in the afternoon of October 1, 1902. Writ in the Municipal Court of the City of Boston dated October 9, 1902. On appeal to the Superior Court the case was tried before Schofield, J. The plaintiff testified that he was thirty years old, and at the time of the accident was employed by the Armour Packing Company,…
1Opinion of the CourtBraley, J.
The proximate cause of the accident to the plaintiff was not the uneven depression in the sidewalk over which he was passing as a traveller, but the sudden settling of the foundation underneath the surface. If this had remained firm he would not have been injured.
Under the provisions of R. L. c. 51, §§ 1,18, a city or town is required to keep its public ways in suitable repair for the convenient use of travellers. It is made liable for injuries received from defects, whether visible upon the surface or concealed within the roadbed, if it has had notice, or in the exercise of reasonable…
2Cases cited20 opinions
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Kelly v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1888
- Norwood v. City of SomervilleMassachusetts Supreme Judicial Court · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Luz v. Stop & Shop, Inc. of PeabodyMassachusetts Supreme Judicial Court · 1964
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Mello v. City of PeabodyMassachusetts Supreme Judicial Court · 1940
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Pomeroy v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
23 more not listed; retrieve them via the Exa API.