Brooks v. Inhabitants of Somerville
Massachusetts Supreme Judicial Court
Tort to recover for injuries received by the female plaintiff through falling into an excavation in Washington Street, a highway which the defendants were bo'ind to keep in repair. At the trial in this court, before (Jolt, J., the jury returned a verdict foi the plaintiffs, and the defendants alleged exceptions.
Read the full summary
Tort to recover for injuries received by the female plaintiff through falling into an excavation in Washington Street, a highway which the defendants were bo'ind to keep in repair. At the trial in this court, before (Jolt, J., the jury returned a verdict foi the plaintiffs, and the defendants alleged exceptions. It appeared from the bill of exceptions, that the defendants, having been authorized by statute to construct an aqueduct, entered into a written contract, in September 1868, through the chairman of their water committee, with Alexander Campbell, that Campbell should “ make all the…
1Opinion of the CourtAmes, J.
The town of Somerville, having been authorized by statute to construct an aqueduct for the supply of water to its inhabitants, had entered into a contract with Campbell for all the excavations that should become necessary for that purpose. These excavations were to be made in such streets and trenches as a committee of the town should from time to time direct, and were to be completed within a term of time limited by the contract. He on his part undertook to guard and light the trenches by night, for the protection of travellers; but it was not in the power of the town, and they probably did…
2Cases cited1 opinion
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
3Cited by33 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Meyer v. HouckSupreme Court of Iowa · 1892
- Linnehan v. RollinsMassachusetts Supreme Judicial Court · 1884
- City of Denver v. DunsmoreSupreme Court of Colorado · 1884
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
28 more not listed; retrieve them via the Exa API.