O'Brien v. City of Woburn
Massachusetts Supreme Judicial Court
Tort for personal injuries from an alleged defect in a highway of the defendant. Writ dated November 12, 1901. At the trial in the Superior Court before Fox, J., the jury returned a verdict for the plaintiff in the sum of $1,300; and the defendant alleged exceptions.
1Opinion of the CourtLathrop, J.
The plaintiff stumbled over a water shut-off in the sidewalk of Green Street in the defendant city, fell and sustained personal injuries for which she seeks to recover damages in this action. The shut-off was in the travelled part of the sidewalk, and extended above the surface thereof, according to some of the witnesses from a half inch on one side to an inch and a quarter on the other side, and, according to other witnesses, it so extended an inch and a half on one side and two inches on the other. It is not controverted that it was competent for the jury to find that this was a defect.…
2Cases cited6 opinions
- Redford v. City of WoburnMassachusetts Supreme Judicial Court · 1900
- Rooney v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1880
- Hayes v. City of CambridgeMassachusetts Supreme Judicial Court · 1884
- Weeks v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1892
- Hayes v. City of CambridgeMassachusetts Supreme Judicial Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dillon v. Town of FraminghamMassachusetts Supreme Judicial Court · 1934
- Finlay v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1938
- Brodsky v. FineMassachusetts Supreme Judicial Court · 1928
- Gaunt v. Board of Appeals of MethuenMassachusetts Supreme Judicial Court · 1951
11 more not listed; retrieve them via the Exa API.