Murphy v. Inhabitants of Gloucester
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. e. 44, § 22, for personal injuries received by the plaintiff through falling into a dock near Commercial Street in Gloucester. Trial, and verdict for the plaintiff, in the superior court, before. Brigham, C. J , who allowed a bill of exceptions which is stated in the opinion.
1Opinion of the CourtMorton, J.
It appears from the bill of exceptions, that, at the trial, there was evidence tending to prove the following facts: The plaintiff was travelling on foot, on Commercial Street, in Gloucester, on a rainy, foggy and dark evening in May 1869; while thus travelling, he passed out of the limits of the highway, and fell into a dock some distance north of the northerly line of the. street; the land between the dock and the street was on a level with the street; there were no monuments, curbstones or indications, other than those of the ordinary and usual course of travel, of the boundary between…
2Cited by20 opinions
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- City of Beaumont v. KaneCourt of Appeals of Texas · 1930
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