Rochefort v. Inhabitants of Attleborough
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by an alleged defect in a highway which the defendant town was bound to keep in repair. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of this court, in substance as follows.
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Tort for personal injuries caused by an alleged defect in a highway which the defendant town was bound to keep in repair. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of this court, in substance as follows. The plaintiff was travelling in a carriage along the highway in question at six o’clock on the morning of February 9, 1889. The plaintiff’s horse put his foot into a hole in the travelled part of the highway over a culvert, and fell, throwing the plaintiff out and causing the injuries complained of. There was no evidence that any hole had…
1Opinion of the CourtAlleh, J.
The ground on which the plaintiff seeks to maintain his case is, that the culvert was built in an improper manner, so that the earth above it was likely to subside and make a hole in the road; and that under these circumstances greater diligence was required, on the part of the town authorities, in guarding against injury or damage to travellers than otherwise might have been sufficient. Olson v. Worcester, 142 Mass. 536. There was, however, no evidence that the hole which caused the injury to the plaintiff had actually existed for any such length of time before the accident as to make the…
2Cases cited5 opinions
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Olson v. City of WorcesterMassachusetts Supreme Judicial Court · 1886
- Adams v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1888
- McGaffigan v. City of BostonMassachusetts Supreme Judicial Court · 1889
3Cited by7 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Miller v. City of North AdamsMassachusetts Supreme Judicial Court · 1903
- Taylor v. Inhabitants of SterlingMassachusetts Supreme Judicial Court · 1924
- Tilton v. City of HaverhillMassachusetts Supreme Judicial Court · 1909
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