Legal Opinion

Sullivan v. City of Boston

Massachusetts Supreme Judicial Court

Decided May 28, 1879PublishedCited by 14 opinions

Tort for personal injuries occasioned to the plaintiff, on February 14,1878, by a defect in a highway. Answer, a general denial. At the trial in the Superior Court, before Allen, J., the following facts appeared in evidence: Prior to 1875, the defendant purchased a parcel of land on the corner of Prospect Street and Edgeworth Street in Boston, and, during the years 1874 and 1875, built a school-house thereon.

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Tort for personal injuries occasioned to the plaintiff, on February 14,1878, by a defect in a highway. Answer, a general denial. At the trial in the Superior Court, before Allen, J., the following facts appeared in evidence: Prior to 1875, the defendant purchased a parcel of land on the corner of Prospect Street and Edgeworth Street in Boston, and, during the years 1874 and 1875, built a school-house thereon. Those streets were, at the time of such purchase, and have ever since been, public streets of said city. Between the school-house and the line of the sidewalks on those streets was a…

1Opinion of the CourtMorton, J.

The place where the plaintiff was injured was not within the limits of a highway located and laid out by the city of Boston. There is no evidence which- would justify the jury in finding that it was within a footpath dedicated to public, use and travel by the city. It was within the school-house lot or yard, left open and graded for convenience of access to the school-house. The fact that this open yard or space was not separated from the sidewalk by a fence is not sufficient to show that it was dedicated to general public use as a part of the system of the highways of the city. Stockwell v.…

2Cases cited1 opinion

  1. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869

3Cited by14 opinions

  1. Daniels v. Board of EducationMichigan Supreme Court · 1916
  2. Howard v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
  3. Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
  4. Molinari v. City of BostonMassachusetts Supreme Judicial Court · 1955
  5. Stone v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1885

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