Arey v. City of Newton
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned by an alleged defect, consisting of a hitching post, in Charles Street in Newton. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, which, so far as material, was as follows. . The following facts were not disputed. Charles Street was a public way leading from Auburn Street in that part of Newton called Auburn dale to the Riverside station, and during certain seasons of the year was much travelled.
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Tort for personal injuries occasioned by an alleged defect, consisting of a hitching post, in Charles Street in Newton. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, which, so far as material, was as follows. . The following facts were not disputed. Charles Street was a public way leading from Auburn Street in that part of Newton called Auburn dale to the Riverside station, and during certain seasons of the year was much travelled. Sidewalks had been constructed on both sides of the street by the city of Newton, but it did not appear in evidence that…
1Opinion of the CourtField, J.
The exceptions are to the refusal to give the two instructions requested. The first instruction requested was given substantially with the modification, that, if, the post was an obstruction in the carriageway, or was so near to the carriageway as to make travelling on it unsafe, then it was a defect; and this, we think, is a correct statement of the law. In the present case the carriageway was narrower than in Macomber v. Taunton, 100 Mass. 255, but this is the principal difference between the two cases. The narrowness of the part of the way wrought for carriage travel might have some…
2Cases cited4 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1873
- Tuttle v. City of LawrenceMassachusetts Supreme Judicial Court · 1876
3Cited by11 opinions
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Powers v. City of BostonMassachusetts Supreme Judicial Court · 1891
- City of Vincennes v. SpeesIndiana Court of Appeals · 1905
- Whittaker v. Town of BrooklineMassachusetts Supreme Judicial Court · 1945
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