Paine v. City of Brockton
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence, that the plaintiff, at the time of the injury complained of, February 23, 1882, was riding in a northerly direction on Main Street in the defendant city, and, in turning therefrom into a place or way called French’s Court, leading westerly…
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Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence, that the plaintiff, at the time of the injury complained of, February 23, 1882, was riding in a northerly direction on Main Street in the defendant city, and, in turning therefrom into a place or way called French’s Court, leading westerly from Main Street, (which court, place, or way had existed for a period of forty-five or fifty years, and had been known to…
1Opinion of the CourtField, J.
The St. of 1846, a. 203, § 1, provides, that “no way heretofore opened and dedicated to the public use and not already become a public way, and no way hereafter opened and dedicated to the public use, shall become chargeable upon any city or town, unless such ways shall be laid out and established by such city or town, in the manner prescribed by the statutes of this Commonwealth.”
Section 2 makes it the duty of the mayor and aldermen of cities, and of the selectmen of towns, whenever the public safety demands it, to cause the entrances of such ways into public ways to be closed up, “ or, by…
2Cases cited4 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Denham v. County CommissionersMassachusetts Supreme Judicial Court · 1871
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Sullivan v. City of BostonMassachusetts Supreme Judicial Court · 1879
3Cited by8 opinions
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1943
- Trum v. Town of PaxtonMassachusetts Supreme Judicial Court · 1952
- Teague v. City of BostonMassachusetts Supreme Judicial Court · 1932
- Nicodemo v. Inhabitants of SouthboroughMassachusetts Supreme Judicial Court · 1899
- Farquar v. City of RoseburgOregon Supreme Court · 1890
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