Gorman v. City of Lowell
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by reason of a defective highway. Trial in the Superior Court, before Bacon, J., who, after verdict, reported the case for the determination of this court, in substance as follows : It appeared in evidence that the plaintiff lived with her children, sometime previous to the alleged accident, at Chelmsford, about four miles from Lowell; that she left her children in her house at Chelmsford a few days before the accident,…
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Tort for personal injuries sustained by the plaintiff by reason of a defective highway. Trial in the Superior Court, before Bacon, J., who, after verdict, reported the case for the determination of this court, in substance as follows : It appeared in evidence that the plaintiff lived with her children, sometime previous to the alleged accident, at Chelmsford, about four miles from Lowell; that she left her children in her house at Chelmsford a few days before the accident, and went to Lowell to work in a mill, and boarded in Lowell; that on Saturday morning, September 13, 1873, she left her…
1Opinion of the CourtGray, C. J.
Upon the evidence stated in the report, the jury would have been warranted in finding that the plaintiff, having gone from Lowell, the place of her temporary residence and employment in a mill, to Chelmsford to visit her children, remained at Chelmsford through Sunday for the purpose of attending one of them who was sick, and returned to Lowell on Sunday evening for the purpose of obtaining medicine for her sick child, and was travelling from necessity or charity when she met with the injury for which this suit is brought.
Verdict set aside.
2Cited by6 opinions
- Allen v. DuffieMichigan Supreme Court · 1880
- Doyle v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1875
- State v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1912
- Donovan v. McCartyMassachusetts Supreme Judicial Court · 1892
- Sullivan v. Maine Central RailroadSupreme Judicial Court of Maine · 1889
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