McCarthy v. Shaheen

The plaintiff was injured by falling upon the sidewalk of a public way in Salisbury. She brought suit against the defendant, the tenant of the land adjoining the sidewalk, who by the terms of his lease had agreed “to keep the cement walk around said premises in good condition at all times, and free from sand and obstructions from April *9115th to October 1st, of each year.” The defendant with the approval of the selectmen and acting under G. L. c. 85, § 4 (which authorizes a person owning or occupying land adjoining a public way in a town to construct a sidewalk within the way and along the line…