Monies v. City of Lynn
Massachusetts Supreme Judicial Court
Tobt for personal injuries occasioned, by an alleged defect in a highway in the defendant city. At the trial in the Superior Court, before Brigham, C. J., it appeared that a sidewalk caved in in the night-time, and that about an hour and a half afterwards the plaintiff, while in the exercise of due care, fell into the hole.
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Tobt for personal injuries occasioned, by an alleged defect in a highway in the defendant city. At the trial in the Superior Court, before Brigham, C. J., it appeared that a sidewalk caved in in the night-time, and that about an hour and a half afterwards the plaintiff, while in the exercise of due care, fell into the hole. The plaintiff claimed to recover on the ground that the sidewalk had been undermined for twenty-four hours, and also on the ground that the city had notice of the defect. The evidence on the last point appears in the opinion. The jury found specially that the defect had…
1Opinion of the CourtAmes, J.
Upon the assumption that the presiding judge, in the exercise of his discretion, had the right, if he thought justice so required, to set aside the special finding of the jury upon the question whether the defect in the street had existed for the space of twenty-four hours at the time of the accident, the only remaining ground upon which the plaintiff’s claim could be maintained would be that the defendant city had had reasonable notice of the defect. The evidence upon this point was that a boy of the age of sixteen years, who had been employed to light and extinguish the street lamps, and…
2Cases cited2 opinions
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- Randall v. Eastern RailroadMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Welsh v. Milton Water Co.Massachusetts Supreme Judicial Court · 1909
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