Sullivan v. City of Worcester
Massachusetts Supreme Judicial Court
Tort, with a declaration in three counts, the first and second counts being under R. L. c. 51, § 18, and the third count being under R. L. c. 48, § 99, for personal injuries received at eleven o’clock at night on July 19, 1915, and caused by a defect in Prospect Street in the city of Worcester.
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Tort, with a declaration in three counts, the first and second counts being under R. L. c. 51, § 18, and the third count being under R. L. c. 48, § 99, for personal injuries received at eleven o’clock at night on July 19, 1915, and caused by a defect in Prospect Street in the city of Worcester. Writ dated April 2, 1917. In the Superior Court the action was tried before Fox, J. There was evidence that no sign designating Prospect Street as a private way was placed on the street until after the accident to the plaintiff. Other material evidence is described in the opinion. The defendant asked…
1Opinion of the CourtBraley, J.
The plaintiff, a pedestrian, while passing over a sidewalk constructed partly of dirt and partly of concrete or granolithic forming part of a way in the defendant city known as Prospect Street, reached a point where the granolithic and dirt walks joined leaving the granolithic some four inches above the grade, when she tripped and fell, suffering personal injuries for which damages are sought. While the defendant by the first ruling asked for a directed verdict on all the evidence, the question of the plaintiff’s due.care has not been argued, and if the street where the accident happened was…
2Cases cited10 opinions
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Flack v. Village of Green IslandNew York Court of Appeals · 1890
- Fitzgerald v. LewisMassachusetts Supreme Judicial Court · 1895
- Bassett v. Inhabitants of HarwichMassachusetts Supreme Judicial Court · 1902
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3Cited by13 opinions
- Huff v. City of HolyokeMassachusetts Supreme Judicial Court · 1982
- Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
- Carson v. BradyMassachusetts Supreme Judicial Court · 1952
- Harvey v. Inhabitants of SandwichMassachusetts Supreme Judicial Court · 1926
- Guidi v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
8 more not listed; retrieve them via the Exa API.