Flanders v. Inhabitants of Norwood
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant town. Trial in the Superior Court, before Mason, J., who directed a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the Court
Mo&ton, C. J.
The St. of 1877, c. 234, reenacted in the Pub. Sts. c. 52, § 18, made a material change in the rules of law as to the liability of towns for injuries caused by defects in highways. Before that statute, towns were liable if the defect which caused an injury had existed for twenty-four hours, without regard to the question whether the town was negligent in permitting, or not removing, the defect. As the law is now, a town is liable *18only for an injury caused by a defect which might have been remedied, or for an injury which might have been prevented, by reasonable care and diligence…
2Cited by5 opinions
- Gregoire v. City of LowellMassachusetts Supreme Judicial Court · 1925
- Selectmen of Holliston v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
- Delgado v. Town of BillericaMassachusetts Supreme Judicial Court · 1948
- New York Central & Hudson River Railroad v. City of CambridgeMassachusetts Supreme Judicial Court · 1904
- Bullock v. Commonwealth of Massachusetts Highway DepartmentMassachusetts Superior Court · 2001