Bassett v. Inhabitants of Harwich
Massachusetts Supreme Judicial Court
Tort against the town of Harwich for an injury caused by falling over a projecting root of a tree in a footpath'alleged to be part of a highway.
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Tort against the town of Harwich for an injury caused by falling over a projecting root of a tree in a footpath'alleged to be part of a highway. Writ dated March 30, 1900. At the trial in the Superior Court, before Pierce, J., the defendant asked for the following instructions: 1. If the owner of the land adjoining the town way where the plaintiff was injured, moved his fence in upon his land, leaving unenclosed a strip on which the tree root projected, that would be evidence of a dedication of such strip to the use of the public, and a permission to the public to use it, and there would be…
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries alleged to have been caused by a defect in the highway. The defendant denied that the place of the accident was within the highway. It appeared that the place was outside the lines of the location but that it had been travelled by the public for over twenty years. There was some evidence that the fence had been set back at that point by the owner of the land in order to straighten the way, and the defendant’s contention was that, if that was the fact, it would be evidence of a dedication of the strip to public use, and of a license, and that the use by…
2Cases cited9 opinions
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Ketchum v. SpurlockWest Virginia Supreme Court · 1891
- Nowlin v. ReynoldsSupreme Court of Virginia · 1874
- Veale v. City of BostonMassachusetts Supreme Judicial Court · 1883
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3Cited by19 opinions
- MacLeod v. DavisMassachusetts Supreme Judicial Court · 1935
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Fenn v. Town of MiddleboroughMassachusetts Appeals Court · 1979
- Carson v. BradyMassachusetts Supreme Judicial Court · 1952
- Attorney General v. Onset Bay Grove Ass'nMassachusetts Supreme Judicial Court · 1915
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