Inhabitants of Westfield v. Mayo
Massachusetts Supreme Judicial Court
Tort to recover the amount of a judgment paid by the plaintiff to Mary J. Hanchett for injuries sustained by her upon a highway which the plaintiff was bound to keep in repair • and also $150, the expenses of the suit in which that judgment was recovered.
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Tort to recover the amount of a judgment paid by the plaintiff to Mary J. Hanchett for injuries sustained by her upon a highway which the plaintiff was bound to keep in repair • and also $150, the expenses of the suit in which that judgment was recovered. Trial in the Superior Court, without a jury before Rockwell, J., who found the following facts : Hanchett was injured on March 23, 1873, by falling upon loose bricks, lying on the sidewalk near the corner of King Street and Washington Street, in Westfield. Upon the lot at that corner, the Normal School boarding-house was building, and the…
1Opinion of the CourtMorton, J.
This case was tried by the court without a jury, and the presiding justice has found, upon the evidence, that the defendant was the owner of a quantity of bricks, and that by his negligence they fell upon the sidewalk, and created the obstruction for which the plaintiff was held liable as alleged in its declaration. The defendant put in the written contract between him and Rice & Gordon, of which a copy is annexed to the bill of exceptions, and contended that by virtue of this contract the property in the bricks had passed to Rice & Gordon; but the court ruled that, by the true construction…
2Cases cited4 opinions
- Levitzky v. CanningCalifornia Supreme Court · 1867
- New York State Marine Ins. v. Protection Ins.U.S. Circuit Court for the District of Massachusetts · 1841
- New Haven & Northampton Co. v. HaydenMassachusetts Supreme Judicial Court · 1875
- Marlatt v. Clary & LatimerSupreme Court of Arkansas · 1859
3Cited by88 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Jones v. GeorgeTexas Supreme Court · 1884
- Farr v. Armstrong Rubber CompanySupreme Court of Minnesota · 1970
- Krug v. Sterling Drug, Inc.Supreme Court of Missouri · 1967
- Elias v. Unisys Corp.Massachusetts Supreme Judicial Court · 1991
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