Brummett v. City of Boston
Massachusetts Supreme Judicial Court
Tort under Pub. Sts. c. 52, § 18, to recover for personal injuries caused by the caving in of a sidewalk on which the plaintiff was walking on Dudley Street in that part of Boston called Roxbmy.
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Tort under Pub. Sts. c. 52, § 18, to recover for personal injuries caused by the caving in of a sidewalk on which the plaintiff was walking on Dudley Street in that part of Boston called Roxbmy. Writ dated April 7, 1900. At the trial in the Superior Court, before Aiken, J., the plaintiff introduced evidence tending to show that on December 24, 1899, at 8 P. M., he was walking upon the sidewalk of Dudley Street in the Roxbury district of Boston; that when he reached a point in front of No. 126, close to the curb, the surface of the sidewalk suddenly sank beneath his weight; that he went into…
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries caused by the sudden falling in of a sidewalk upon which the plaintiff was walking. The question is whether there was any evidence of notice to the city of its dangerous condition. At the trial the judge directed a verdict for the defendant, and reported the case.
There had been some digging and blasting near by for a post for the Elevated Railway. A trolley wire pole had been moved to near the place. An electric light pole close to the spot had been taken up a month before and the hole filled in, and the same thing had been done later with a hydrant.…
2Cases cited2 opinions
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
- Bingham v. City of BostonMassachusetts Supreme Judicial Court · 1894
3Cited by8 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Comerford v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Miller v. City of North AdamsMassachusetts Supreme Judicial Court · 1903
- Stone v. City of BostonMassachusetts Supreme Judicial Court · 1932
- Hanson v. City of WorcesterMassachusetts Supreme Judicial Court · 1963
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