Damon v. City of Boston
Massachusetts Supreme Judicial Court
Tout for personal injuries occasioned to the plaintiff by- reason of the alleged want of a railing at the side of a highway in the defendant city.
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Tout for personal injuries occasioned to the plaintiff by- reason of the alleged want of a railing at the side of a highway in the defendant city. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts, in substance as follows: The plaintiff, on February 18, 1885, at about 11.30 o’clock in the forenoon, was walking on the sidewalk on the northerly side of Mount Yernon Street, along a lot of land belonging to the Church of the Advent, toward Brimmer Street. The part of this lot which lay at the intersection…
1Opinion of the CourtC. Allen, J.
The want of a railing was the only alleged defect in the way. The plaintiff received her injury by walking off from the sidewalk upon the adjoining land, which was substantially on a level with the sidewalk, and there slipping upon smooth ice which was covered with snow. The only question is whether the city was bound to put up a railing or fence to guard travellers against peril of this nature, and we are of opinion that it was not. The danger which requires a railing must be of an unusual character, such as bridges, declivities, excavations, steep banks, or deep water. Spaces adjoining…
2Cases cited3 opinions
- Marshall V. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1872
- Stockwell v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
- Stone v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1885
3Cited by16 opinions
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Town of New Castle v. GrubbsIndiana Supreme Court · 1908
- Bohl v. City of Dell RapidsSouth Dakota Supreme Court · 1902
- Birckhead v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
- Leydecker v. BrintnallMassachusetts Supreme Judicial Court · 1893
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