McKean v. City of Salem
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a sidewalk of a street in the defendant city. At the trial in the Superior Court, before Lathrop, J., the plaintiff introduced evidence that he was injured on Sunday morning, January 2, 1887, by falling upon ice upon a sidewalk on Pond Street, a highway which the defendant was bound to keep in repair; that at the time of the accident the sidewalk was covered with rough slippery ice, four or five inches…
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Tort for personal injuries occasioned to the plaintiff by a defect in a sidewalk of a street in the defendant city. At the trial in the Superior Court, before Lathrop, J., the plaintiff introduced evidence that he was injured on Sunday morning, January 2, 1887, by falling upon ice upon a sidewalk on Pond Street, a highway which the defendant was bound to keep in repair; that at the time of the accident the sidewalk was covered with rough slippery ice, four or five inches thick, upon which there was neither ashes nor sand ; that at the time he was travelling along the sidewalk in the exercise…
1Opinion of the CourtKnowlton, J.
The defendant contends that the parts of the charge numbered 1 and 2 were in violation of the Pub. Sts. c. 153, § 5, which provides that “ the courts shall not charge juries with respect to matters of fact, but may state the testimony and the law.” It is often difficult to determine whether a judge’s reference in his charge to matters in evidence is objectionable under this statute, or is justifiable as a statement made for the purpose of aiding the jury in understanding the issues, and in applying to the facts the principles of law by which the case should be governed. In doubtful cases,, it…
2Cases cited2 opinions
- Commonwealth v. LawlessMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1887
3Cited by6 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- State v. RichardsSupreme Judicial Court of Maine · 1893
- Burns v. DonoghueMassachusetts Supreme Judicial Court · 1904
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