Legal Opinion

O'Brien v. City of Woburn

Massachusetts Supreme Judicial Court

Decided January 7, 1904PublishedCited by 16 opinions

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

  1. Redford v. City of WoburnMassachusetts Supreme Judicial Court · 1900
  2. Rooney v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1880
  3. Hayes v. City of CambridgeMassachusetts Supreme Judicial Court · 1884
  4. Weeks v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1892
  5. Hayes v. City of CambridgeMassachusetts Supreme Judicial Court · 1885

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3Cited by16 opinions

  1. Dillon v. Town of FraminghamMassachusetts Supreme Judicial Court · 1934
  2. Finlay v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1941
  3. Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1938
  4. Brodsky v. FineMassachusetts Supreme Judicial Court · 1928
  5. Gaunt v. Board of Appeals of MethuenMassachusetts Supreme Judicial Court · 1951

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