Macomber v. City of Taunton
Massachusetts Supreme Judicial Court
Tort under the Gen. Sts. c. 44, § 22, for injuries sustained by being thrown from a carriage on a highway which the defendants were bound to keep in repair.
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Tort under the Gen. Sts. c. 44, § 22, for injuries sustained by being thrown from a carriage on a highway which the defendants were bound to keep in repair. At the trial, before Foster, J., the plaintiff introduced evidence which tended to show that, on the night of September 14,1866, which the plaintiff himself testified was the darkest night he ever knew, and at an hour when it was “ so dark that he could not see his hand before him,” he was driving slowly in a carriage drawn by one horse, on the highway in question, when suddenly he was thrown out, and severely injured, by the collision of…
1Opinion of the CourtChapman, C. J.
Our statutes require that highways shall be made reasonably safe and convenient for travellers. But it has been decided that this requirement does not necessarily extend to the whole width of the highway as located. When sidewalks are not made, it is sufficient if there is a carriageway of sufficient width, properly constructed, and protected by such railings as may be necessary. On each side of this way there may be ditches. These are so necessary for the proper drainage of the carriageway that they are held not to be defects, if properly constructed, though travellers may be liable to fall…
2Cited by36 opinions
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- City of Indianapolis v. CookIndiana Supreme Court · 1884
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Bliven v. City of Sioux CitySupreme Court of Iowa · 1892
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