Legal Opinion

Jones v. City of Boston

Massachusetts Supreme Judicial Court

Decided March 15, 1870PublishedCited by 15 opinions

Tort on the Gen. Sts. c. 44, § 22, for an injury alleged to have been received by the plaintiff through a defect in a highway in Boston.

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Tort on the Gen. Sts. c. 44, § 22, for an injury alleged to have been received by the plaintiff through a defect in a highway in Boston. Trial before Morton, J., who reported the casa . follows • “ At the trial the plaintiff offered to prove that, on June 7 1867, as she was travelling along the sidewalk of Union Street, a public highway in said city, which the defendants were bound to keep in repair, and using due care, a sign or signs, suspended and projecting over said sidewalk, together with the iron rod or frame from which the same were hung, but so high that persons travelling along said…

1Opinion of the CourtWells, J.

For an injury received by reason of a defective awning, projecting over and across a sidewalk, and supported upon posts at the curbstone, a city or town is held to be liable. Drake v. Lowell, 13 Met. 292. Day v. Milford, 5 Allen, 98. For an injury received in a similar manner from the fall of snow and ice, projected from the roof of a building, and overhanging the sidewalk, the city or town is held not to be liable. Hixon v. Lowell, 13 Gray, 59, 62. In this case, the injury was caused by the falling of a sign, “suspended and projecting over the sidewalk, together with the iron rod or frame ”…

2Cases cited2 opinions

  1. Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
  2. Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868

3Cited by15 opinions

  1. Grove v. City of Fort WayneIndiana Supreme Court · 1874
  2. Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
  3. Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
  4. Bliven v. City of Sioux CitySupreme Court of Iowa · 1892
  5. Boston Seamen's Friend Society v. Mayor of BostonMassachusetts Supreme Judicial Court · 1874

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