Weldon v. Prescott
Massachusetts Supreme Judicial Court
Two actions op tort for personal injuries incurred on January 6, 1897, from falling into a bole or excavation filled with hot water, in Phoenix Row in the city of Haverhill, made for the purpose of repairing a leak in a steam pipe extending under Phoenix Row from a building of the defendant in the first case, known as the Hotel Thorndike, to a steam power plant upon the opposite side of Phoenix Row belonging to the same defendant, both of the buildings being occupied by…
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Two actions op tort for personal injuries incurred on January 6, 1897, from falling into a bole or excavation filled with hot water, in Phoenix Row in the city of Haverhill, made for the purpose of repairing a leak in a steam pipe extending under Phoenix Row from a building of the defendant in the first case, known as the Hotel Thorndike, to a steam power plant upon the opposite side of Phoenix Row belonging to the same defendant, both of the buildings being occupied by Edward Charlesworth, one of the defendants in the second case. Writs dated January 11, 1899, and January 19,1901. In the…
1Opinion of the CourtHammond, J.
Phoenix Bow was a private way; and, while there was evidence that it was used to a considerable extent by the public as such, the presumption, in the absence of anything to the contrary, is that it was constructed and maintained for the use of the owners and occupants of the abutting lands and such other persons as had occasion to visit them, and that the use of it by the public was merely permissive. Moffatt v. Kenny, 174 Mass. 311. In this case there is nothing to control that presumption.
The plaintiff contends that at the"time of the accident he was using the street not as one of the…
2Cases cited2 opinions
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
3Cited by8 opinions
- Bowler v. MillsMassachusetts Supreme Judicial Court · 1909
- Brown v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1917
- Coles v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
- Raines v. East Tennessee Telephone Co.Court of Appeals of Kentucky · 1912
- Aikens v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
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