Pollard v. Woburn
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. c. 44, § 22, for injuries resulting to the plaintiff from his falling into a hole in a highway in Woburn on the night of May 28, 1867. Trial, and verdict for the plaintiff, before Morton, J., who allowed exceptions, the substance of which was as follows : It appeared in evidence that, under a permit from the selectmen of Woburn, a meeting-house was moved through Green Street in that town, which was a highway that the defendants were bound to keep in…
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Tort on the Gen. Sts. c. 44, § 22, for injuries resulting to the plaintiff from his falling into a hole in a highway in Woburn on the night of May 28, 1867. Trial, and verdict for the plaintiff, before Morton, J., who allowed exceptions, the substance of which was as follows : It appeared in evidence that, under a permit from the selectmen of Woburn, a meeting-house was moved through Green Street in that town, which was a highway that the defendants were bound to keep in repair. The street was crossed, at grade by the railroad of the Woburn Branch Railroad Corporation and a board supported by…
1Opinion of the CourtChapman, C. J.
The town was liable for an injury occasioned by a defect of the highway, though it was within the limits of the railroad as located. Gen. Sts. c. 63, §§ 60, 67, 69. Davis v. Leominster, 1 Allen, 184.
There was evidence tending to show that the plaintiff used ordinary care. The night being dark and foggy, the plaintiff and his companions could not see the hole; and the plaintiff did not know of its existence; but some sticks were placed loosely around it. They all turned to the right, and the plaintiff’s purpose was to avoid the sticks, and he supposed he had turned far enough to avoid them.…
2Cited by4 opinions
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- Village of Lemont v. RoodAppellate Court of Illinois · 1886