Cook v. Inhabitants of Montague
Massachusetts Supreme Judicial Court
Tout to recover damages for a personal injury sustained by the plaintiff by reason of a defective highway. Trial in the Superior Court, before Brigham, C. J., who reported the case for the consideration of this court as follows: “ At the trial the plaintiff offered evidence of the following facts: The defect alleged in the declaration consisted of a stone within the location and wrought part of a highway in the defendant town; the stone had been split from a boulder on the…
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Tout to recover damages for a personal injury sustained by the plaintiff by reason of a defective highway. Trial in the Superior Court, before Brigham, C. J., who reported the case for the consideration of this court as follows: “ At the trial the plaintiff offered evidence of the following facts: The defect alleged in the declaration consisted of a stone within the location and wrought part of a highway in the defendant town; the stone had been split from a boulder on the side of said way by the surveyor of highways of the defendant town, and temporarily deposited in a ditch which was within…
1Opinion of the CourtGray, C. J.
There was no evidence that the horse came, or was in any danger of coming, in contact with the stone. It was the brightness of the stone, which was the cause of the fright of the horse that resulted in the injury to the plaintiff. There was therefore no defect in the highway for which the town was liable in this action. Keith v. Easton, 2 Allen, 552. Kingsbury v. Dedham, 13 Allen, 186. Cook v. Charlestown, 13 Allen, 190, note, and 98 Mass. 80. Judgment for the defendant.
2Cases cited1 opinion
- Cook v. City of CharlestownMassachusetts Supreme Judicial Court · 1867
3Cited by6 opinions
- Lincoln v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Ouverson v. City of GraftonNorth Dakota Supreme Court · 1895
- Agnew v. City of CorunnaMichigan Supreme Court · 1885
- Bbooks v. Inhabitants of ActonMassachusetts Supreme Judicial Court · 1875
- Card v. City of EllsworthSupreme Judicial Court of Maine · 1876
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