Whitford v. Inhabitants of Southbridge
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff in consequence of a defect in a highway in the defendant town. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows : The street had originally been laid out and constructed by the Hamilton Woollen Company, and in 1846 was laid out and accepted by the defendant.
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Tort for personal injuries alleged to have been sustained by the plaintiff in consequence of a defect in a highway in the defendant town. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows : The street had originally been laid out and constructed by the Hamilton Woollen Company, and in 1846 was laid out and accepted by the defendant. The plaintiff offered evidence tending to show that she was a person seventy-two years old, residing with her son, who owned he premises abutting on the highway at the place of the accident ; that she came out…
1Opinion of the CourtDevens, J.
It is well settled that in an action of this nature it is not sufficient for the plaintiff to show only that she was injured while walking in the highway and using due care, but that it must further appear that the injury was caused solely by a defect in the way. Babson v. Rockport, 101 Mass. 93. Bemis v. Arlington, 114 Mass. 507. The instruction requested by the defendant, that “ the plaintiff cannot recover unless she further satisfies the jury that the injury which she sustained was caused by a defect in the way without fault on her part,” did not, however, call the attention of the…
2Cases cited3 opinions
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
- Weare v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
- Bemis v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- Dewire v. BaileyMassachusetts Supreme Judicial Court · 1881
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Collins v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1898
- McGuinness v. City of WorcesterMassachusetts Supreme Judicial Court · 1894
- Walker v. Decatur CountySupreme Court of Iowa · 1885
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