Post v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an alleged defect in Sumner Street, near the corner of Orleans Street, in that part of Boston known as East Boston.
Read the full summary
Tort for personal injuries occasioned to the plaintiff by an alleged defect in Sumner Street, near the corner of Orleans Street, in that part of Boston known as East Boston. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows : The plaintiff introduced evidence tending to show that, at about half-past nine o’clock in the evening of September 14, 1882, the plaintiff and her sister were walking in Sumner Street, in East Boston, going to their home; that it had been raining hard, and was then raining; that, when they reached the corner of…
1Opinion of the CourtC. Allen, J.
Under the Gen. Sts. e. 44, § 22, a person who received injury through a defect in a highway might recover damages of the town by law obliged to repair the same, if such town had reasonable notice of the defect, or if the same had existed for the space of twenty-four hours previously to the occurrence of the injury. Under this statute, it was held that it was the intention of the Legislature to limit the liability to cases where the precise defect which caused the injury was known to the town, or had existed for twenty-four hours; and that, if the defect had not existed for twenty-four hours,…
2Cases cited8 opinions
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Rooney v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1880
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1877
- Hayes v. City of CambridgeMassachusetts Supreme Judicial Court · 1884
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Fleming v. City of SpringfieldMassachusetts Supreme Judicial Court · 1891
- Olson v. City of WorcesterMassachusetts Supreme Judicial Court · 1886
- Adams v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1888
- Mason v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1907
11 more not listed; retrieve them via the Exa API.