Connolly v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by reason of a defective highway. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows: At the trial, the counsel for the plaintiff, in opening his case, stated that the plaintiff claimed damages for personal injuries received while passing over Dover Street, in Boston, at nine o’clock, Sunday night, October 6,1872, on account of a defect in the highway; that the defect consisted in the…
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Tort for personal injuries sustained by reason of a defective highway. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows: At the trial, the counsel for the plaintiff, in opening his case, stated that the plaintiff claimed damages for personal injuries received while passing over Dover Street, in Boston, at nine o’clock, Sunday night, October 6,1872, on account of a defect in the highway; that the defect consisted in the draw of the bridge being swung off, remaining so for more than twenty-four hours previous to the accident, without any…
1Opinion of the CourtGray, C. J.
The plaintiff’s own testimony showed that he was travelling on the Lord’s day on a matter of his own secular *65business, and not from the pressure of any “necessity” upon himself, or “ charity ” towards any other person, upon any possible interpretation of those words. He cannot therefore maintain this action. Gen. Sts. c. 84, § 2. Bosworth v. Swansey, 10 Met. 363. Jones v. Andover, 10 Allen, 18. Stanton v. Metropolitan Railroad, 14 Allen, 485. Commonwealth v. Sampson, 97 Mass. 407. Commonwealth v. Josselyn, Ib. 411. Exceptions overruled.
2Cases cited1 opinion
- Commonwealth v. SampsonMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1886
- Bucher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1881
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
- Western Union Telegraph Co. v. YopstIndiana Supreme Court · 1889
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
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