Bingham v. City of Boston
Massachusetts Supreme Judicial Court
Tout, for injuries occasioned to the plaintiff’s horse and wagon by an alleged defect in School Street in the West Roxbury district of Boston. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows.
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Tout, for injuries occasioned to the plaintiff’s horse and wagon by an alleged defect in School Street in the West Roxbury district of Boston. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. It appeared in behalf of the plaintiff that one Donnelly was driving the plaintiff’s horse and wagon upon School Street, up grade, on the morning of June 29, 1889, between four and-five o’clock, about daylight, when, without warning, his horse’s fore feet sank below the surface of the street; that Donnelly saw, up to the instant of sinking,…
1Opinion of the CourtAllen, J.
The difficulty in this case arises from the form of the bill of exceptions, in which it is stated that “ for the defendant it appeared,” amongst other things, that all the details of the work of filling up the trench were properly done ; that “ the work was done right, and was a workmanlike job ”; and that “ the street at the point was then solid and firm for travel when the work was done,” which was about three or four o’clock in the afternoon of the day before the accident. If all this appeared as facts proved and not open to controversy, it is difficult to see any want of reasonable care…
2Cases cited4 opinions
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1891
- Stanton v. City of SalemMassachusetts Supreme Judicial Court · 1888
3Cited by6 opinions
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Stone v. City of BostonMassachusetts Supreme Judicial Court · 1932
- Brummett v. City of BostonMassachusetts Supreme Judicial Court · 1901
- Detore v. Demers Bros.Massachusetts Supreme Judicial Court · 1942
- Welsh v. Inhabitants of AmesburyMassachusetts Supreme Judicial Court · 1898
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