Blessington v. City of Boston
Massachusetts Supreme Judicial Court
Tort, under the Pub. Sts. c. 52, § 18, for personal injuries occasioned to the plaintiff by a defect in Causeway Street in Boston. At the trial in the Superior Court, before Staples, J., there was evidence tending to prove the following facts.
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Tort, under the Pub. Sts. c. 52, § 18, for personal injuries occasioned to the plaintiff by a defect in Causeway Street in Boston. At the trial in the Superior Court, before Staples, J., there was evidence tending to prove the following facts. A trench was dug for a sewer or drain in Causeway Street, a much travelled highway in the city of Boston, under a permit duly issued by the city, extending from the building numbered 55 in that street across the sidewalk and into the carriageway under the tracks of the West End Street Railway Company. This trench was guarded on the south side by a fence…
1Opinion of the CourtMorton, J.
The only exception now insisted on by the defendant is the exception to the refusal of the court below to give the following instruction, and to the instructions actually given upon this point: “ If the city had exercised reasonable cax-e and diligence to guard the hole and prevent the accident or ixxjury, it would not be responsible fox- the momentary negligence of one of the railway company’s employees.” The court instructed the jury, among other things not objected to, as follows: “It is a question purely of. fact for you whether such barriers or safeguards existed in this case as were…
2Cases cited4 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Prentiss v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Rooney v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1880
3Cited by20 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Cabot v. KingmanMassachusetts Supreme Judicial Court · 1896
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
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