City of Boston v. Coon
Massachusetts Supreme Judicial Court
Tort, to recover the amount paid by the plaintiff upon a judgment obtained against it by one Blessington in an action for personal injuries caused by a defect in a highway. Trial in the Superior Court before Bell, J., who directed the jury to return a verdict for the plaintiff; and the defendants alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHammond, J.
It is true, as claimed by the defendants, that the judgment in the suit of Blessington v. Boston, 153 Mass. 409, is conclusive against them only on three points, namely, that the highway was defective, that Blessington was in the exercise of due care, and that he suffered damages to the amount he recovered; and, if the evidence for the plaintiff had stopped there, it could not have been ruled as matter of law that the defendants were answerable over to the plaintiff.
But the evidence did not stop there. It further appeared as undisputed facts that the defendants were engaged in the…
2Cases cited3 opinions
- Blessington v. City of BostonMassachusetts Supreme Judicial Court · 1891
- City of Holyoke v. Hadley Co.Massachusetts Supreme Judicial Court · 1899
- Fisher v. CushingMassachusetts Supreme Judicial Court · 1883
3Cited by9 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Stewart v. Roy Bros. Inc.Massachusetts Supreme Judicial Court · 1970
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Township of Hart v. NoretMichigan Supreme Court · 1916
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