Welsh v. Inhabitants of Amesbury
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while walking on the sidewalk of Market Street in the defendant town. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. The place of the alleged defect was in front of a bank building, and the defect alleged was an accumulation of snow and ice. Notice of the time, place, and cause of the injury was duly given.
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Tort, for personal injuries occasioned to the plaintiff while walking on the sidewalk of Market Street in the defendant town. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. The place of the alleged defect was in front of a bank building, and the defect alleged was an accumulation of snow and ice. Notice of the time, place, and cause of the injury was duly given. The plaintiff testified that, on March 3,1896, she was walking down Market Street on the sidewalk on the easterly side; that when she arrived in front of the bank building…
1Opinion of the CourtMorton, J.
The defendant requested the court to rule that the plaintiff was not entitled to recover, and to direct a verdict for the defendant. The court refused to do so, and the only question is whether the ruling which the defendant requested should have been given. We think that it should not have been, and that the ruling of the court was right.
It was a question of fact for the jury whether, in view of all of the circumstances disclosed by the evidence, the plaintiff was in the exercise of due care. It cannot be said, as matter of law, that she was careless in being where she was, or in attempting…
2Cases cited10 opinions
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- McGuinness v. City of WorcesterMassachusetts Supreme Judicial Court · 1894
- Street v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Gilman v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
- Harriman v. City of BostonMassachusetts Supreme Judicial Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McMahon v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1906
- Comerford v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Bennett v. City of EverettMassachusetts Supreme Judicial Court · 1906
- Saunders v. City of MedfordMassachusetts Supreme Judicial Court · 1939
- Tilton v. Inhabitants of WenhamMassachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.