Davis v. Inhabitants of Rockport
Massachusetts Supreme Judicial Court
Tort against the town of Rockport for personal injuries sustained by the plaintiff by reason of the defective condition of a plank walk at Long Beach in the possession and control of the defendant as a landlord, when the plaintiff was passing over the walk as the guest of her son, who was the lessee from the defendant of certain of the lots of land referred to in the opinion, one of which was bounded by the way twelve feet in width there mentioned.
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Tort against the town of Rockport for personal injuries sustained by the plaintiff by reason of the defective condition of a plank walk at Long Beach in the possession and control of the defendant as a landlord, when the plaintiff was passing over the walk as the guest of her son, who was the lessee from the defendant of certain of the lots of land referred to in the opinion, one of which was bounded by the way twelve feet in width there mentioned. Writ dated September 1, 1910. In the Superior Court the case was tried before Raymond, J. The material facts shown by the evidence are stated in…
1Opinion of the CourtHammond, J.
There was evidence that at the time of the accident the plank was in the possession and under the control of the defendant, that it was in a defective and dangerous condition, that this condition was known by the defendant and might have been remedied before the accident by the exercise of due care on the part of its officers or agents, and that the plaintiff, being in the exercise of due care, while passing over the walk where “ as the guest of her son she had a right of way by invitation or inducement of the” defendant, was injured by reason of the defect. There can be no doubt that in this…
2Cases cited6 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Worden v. City of New BedfordMassachusetts Supreme Judicial Court · 1881
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- Little v. City of HolyokeMassachusetts Supreme Judicial Court · 1900
- City of Lynn v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Wright v. WalcottMassachusetts Supreme Judicial Court · 1921
- D. N. Kelley & Son, Inc. v. Selectmen of FairhavenMassachusetts Supreme Judicial Court · 1936
- County of Los Angeles v. DodgeCalifornia Court of Appeal · 1921
- Ballantine v. Town of FalmouthMassachusetts Supreme Judicial Court · 1973
12 more not listed; retrieve them via the Exa API.