Inhabitants of West Boylston v. Mason
Massachusetts Supreme Judicial Court
Tort to recover the amount of a judgment obtained by Luther Whittaker in an action against the plaintiffs for injuries caused to him on June 7, 1865, by a defect in a highway which the plaintiffs were bound to keep in repair.
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Tort to recover the amount of a judgment obtained by Luther Whittaker in an action against the plaintiffs for injuries caused to him on June 7, 1865, by a defect in a highway which the plaintiffs were bound to keep in repair. See 97 Mass. 273. At the trial in the superior court, before Devens, J., the plaintiffs contended that the defect for which they were held liable in the action by Whittaker was a pile of dirt placed in the highway by the defendant; and it appeared that the defendant had notice from the plaintiffs to appear and defend that action. There was evidence tending to show that…
1Opinion of the CourtColt, J.
In addition to those points which were conclusively settled by the verdict against the plaintiff town, the jury must have found, under the instructions of the judge, that the injury to Whittaker, the plaintiff in the original suit, was solely caused by a defect in the highway occasioned by an obstruction placed there by the defendant or by his procurement; that the original defect had not been rendered more dangerous by the act of the plaintiffs ; and that they had not contributed by their acts to the accident. This was enough to entitle the plaintiffs to a verdict. It is too late to claim…
2Cited by8 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Franklin v. MorrisonCourt of Appeals of Maryland · 1998
- Balto. Ohio R. Co. v. Howard Co.Court of Appeals of Maryland · 1910
- Blockston v. United StatesDistrict Court, D. Maryland · 1968
- Old Colony Railroad v. SlavensMassachusetts Supreme Judicial Court · 1889
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