Hudson v. Inhabitants of Marlborough
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by reason of the want of a railing at the side of Pleasant Street, a highway in the defendant town.
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Tort, for personal injuries occasioned to the plaintiff by reason of the want of a railing at the side of Pleasant Street, a highway in the defendant town. At the trial in the Superior Court, before Thompson, J., there was evidence that Pleasant Street led from the centre of the defendant town northerly, towards the town of Hudson; that between these points the Berlin Road, so called, diverged from the west side of Pleasant Street; that a triangular-shaped piece of land lying between these ways beyond the point of divergence was rough and stony, and from being level with the roads at that…
1Opinion of the CourtMorton, J.
The defect alleged in this case was the want of a railing on Pleasant Street on the side next and near to the point of intersection with the Berlin Road. The case was submitted to a jury, and it is apparent that the jury must have found that the want of a railing did not constitute a defect, as that was the main issue on which the case appears to have been tried. The plaintiff complains of the refusal of the court to give the instruction which he requested, and also of certain por*222tians of the charge which relate to travellers straying from highways, to so much of it as suggested that it might…
2Cases cited6 opinions
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Murphy v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1870
- Puffer v. Inhabitants of OrangeMassachusetts Supreme Judicial Court · 1877
- Barnes v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1884
- Daily v. City of WorcesterMassachusetts Supreme Judicial Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of Oklahoma City v. MeyersSupreme Court of Oklahoma · 1896
- City of Beaumont v. KaneCourt of Appeals of Texas · 1930
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Ellis v. SimondsMassachusetts Supreme Judicial Court · 1897