Block v. City of Worcester
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been caused by a defect in Millbury Street in Worcester, consisting of an unguarded excavation, into which the plaintiff fell while trying to board an open electric car. Writ dated November 31, 1902. In the Superior Court the case was tried before Pierce, J., who at the close of the plaintiff’s evidence ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
The question in this case is whether there was any evidence which would warrant a verdict for the plaintiff. The defendant had dug in a street, between the tracks of an electric railway, a hole about five feet square and ten or twelve feet deep, which had been'there a considerable time, and was used in taking out earth from an underground sewer then being constructed. At the time of the accident this hole was left unguarded, and according to the testimony, there was nothing on the surface of the street to indicate its existence, unless it was a small quantity of dirt not far away, about nine…
2Cases cited5 opinions
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
- McDonough v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1884
- Corlin v. West End Street RailwayMassachusetts Supreme Judicial Court · 1891
3Cited by19 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Feeley v. City of MelroseMassachusetts Supreme Judicial Court · 1910
- Scholl v. New England Power Service Co.Massachusetts Supreme Judicial Court · 1960
- Moore v. Town of AmesburyMassachusetts Supreme Judicial Court · 1929
- Clinton v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1907
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