Felch v. Inhabitants of West Brookfield
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by a defect in a highway leading from the centre of the village of West Brookfield to the town of Warren. Writ as amended dated June 27, 1902. At the trial in the Superior Court before Hardy, J., it appeared, that the alleged defect consisted in a plank bridge across a gutter which the plaintiff contended was too narrow, unsuitable, and improperly guarded.
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Tort for personal injuries alleged to have been caused by a defect in a highway leading from the centre of the village of West Brookfield to the town of Warren. Writ as amended dated June 27, 1902. At the trial in the Superior Court before Hardy, J., it appeared, that the alleged defect consisted in a plank bridge across a gutter which the plaintiff contended was too narrow, unsuitable, and improperly guarded. The accident happened when the plaintiff was attempting to drive over this bridge in a snow storm on January 7, 1902, at about six o’clock P. M. The bridge had been constructed across…
1Opinion of the CourtBarker, J.
It being plain that the plank bridge off one end of which the plaintiff’s wheel fell, causing the injury, was not a part of the travelled path but outside of it, and constructed solely *310for the purpose of facilitating access between the travelled path and a private way which opened into the highway on one side, and from which the plaintiff was driving, the case is governed by that of Kellogg v. Northampton, 4 Gray, 65, 69. See also Howard v. North Bridgewater, 16 Pick. 189; Shepardson v. Colerain, 13 Met. 55; Smith v. Wendell, 7 Cush. 498 ; Harwood v. Oakham, 152 Mass. 421; Carey v.…
2Cases cited3 opinions
- Carey v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1898
- Harwood v. Inhabitants of OakhamMassachusetts Supreme Judicial Court · 1890
- Kelley v. City of BostonMassachusetts Supreme Judicial Court · 1902
3Cited by4 opinions
- Trum v. Town of PaxtonMassachusetts Supreme Judicial Court · 1952
- Eagan v. City of BuffaloNew York Supreme Court · 1918
- Baxter v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Lynch v. City of BostonMassachusetts Supreme Judicial Court · 1904