Legal Opinion

Fox v. City of Chelsea

Massachusetts Supreme Judicial Court

Decided May 20, 1898PublishedCited by 15 opinions

Two actions of Tort, the first being for loss of the services and society of the plaintiff's wife, Sarah Fox, and for expenses incurred by him, by reason of her falling into a trench in Everett Avenue in the defendant city; and the second being for personal injuries sustained by her at the time of such accident, which resulted in her death.

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Two actions of Tort, the first being for loss of the services and society of the plaintiff's wife, Sarah Fox, and for expenses incurred by him, by reason of her falling into a trench in Everett Avenue in the defendant city; and the second being for personal injuries sustained by her at the time of such accident, which resulted in her death. The cases were tried together in the Superior Court, before Hardy, J. The jury returned a verdict for the plaintiff in each case; and the defendant alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtKnowlton, J.

The plaintiff brings one of these actions in his own right, and the other as administrator of the estate of his deceased wife, to recover damages growing out of her fall into a ditch dug by the water commissioners of Chelsea in one of the principal streets of that city.

It was undisputed that a series of excavations had been made *299under the direction of the water commissioners along Everett Avenue between the street railway track and the curbstone near the junction of Broadway and Everett Avenue, for the púrpose of laying water pipes to supply the inhabitants with water. At about ten o’clock in…

2Cases cited8 opinions

  1. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  2. Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
  3. Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
  4. Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
  5. McGuinness v. City of WorcesterMassachusetts Supreme Judicial Court · 1894

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3Cited by15 opinions

  1. Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
  2. Hourigan v. City of NorwichSupreme Court of Connecticut · 1904
  3. Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
  4. Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904
  5. Pearl v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1914

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