Andresen v. Inhabitants of Lexington
Massachusetts Supreme Judicial Court
Tort under St. 1917, c. 344, Part IV, § 23, by the administrator of the estate of Ethel Andresen for the loss of the life of the intestate by reason of her being struck by a limb of a tree falling upon a sidewalk in Lexington. Writ dated July 21, 1919. In the Superior Court, the action was heard by Shaw, J., without a jury, upon an agreed statement of facts. Material facts are described in the opinion.
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Tort under St. 1917, c. 344, Part IV, § 23, by the administrator of the estate of Ethel Andresen for the loss of the life of the intestate by reason of her being struck by a limb of a tree falling upon a sidewalk in Lexington. Writ dated July 21, 1919. In the Superior Court, the action was heard by Shaw, J., without a jury, upon an agreed statement of facts. Material facts are described in the opinion. At the close of the evidence, the defendant asked for the following among other rulings: 2. “Upon the agreed statement of facts and inferences of fact to be drawn therefrom, I find that the…
1Opinion of the CourtDeCourcy, J.
While the plaintiff’s intestate was proceeding along the sidewalk of a public way in East Lexington, between 8 and 8:30 a.m. on June 6, 1919, the limb of an ornamental shade tree growing on private property, the branches of which over-arched the sidewalk, fell upon her. This limb became partially severed from the trunk of the tree about 4:30 A.M., when it was struck by a dead limb growing a foot higher up, which was blown off by the wind; and at some time between 5:30 and 7:30 a.m. the severance became complete. In the meantime it remained cradled in the telegraph wires, which hung about…
2Cases cited11 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
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3Cited by10 opinions
- Jones v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
- Miles v. CommonwealthMassachusetts Supreme Judicial Court · 1934
- Earle v. Inhabitants of ConcordMassachusetts Supreme Judicial Court · 1927
- Jones v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1929
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