Pomeroy v. Inhabitants of Westfield
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT, for personal injuries occasioned to the plaintiffs respectively by an alleged defect in a highway which the defendant town was bound to keep in repair. The cases were tried together in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows.
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Two ACTIONS OF TORT, for personal injuries occasioned to the plaintiffs respectively by an alleged defect in a highway which the defendant town was bound to keep in repair. The cases were tried together in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. There was evidence that the highway in question was a much travelled way leading from Westfield in a westerly direction to Granville; that on April 14, 1890, in the' evening, the plaintiff Phelon started to drive home from Westfield to his home in Granville along this way, accompanied by the…
1Opinion of the CourtHolmes, J.
These are actions for personal injuries alleged to have been caused by a defect in a highway. There was evidence that the travelled part of the way, at the point where the plaintiffs left it, was thirteen or fourteen feet wide, and that more than half of this part, on the plaintiffs’ left as they Avere driving, was made impassable, or at least was in such a condition that it was prudent to avoid it, by reason of a deep mud-hole, so that there was left barely room for one team to pass; that the plaintiffs kept to the right in the effort to avoid the hole, and, it being dark, went off the…
2Cases cited9 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Thomas v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1868
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Finnegan v. Fall River Gas Works Co.Massachusetts Supreme Judicial Court · 1893
- Norwood v. City of SomervilleMassachusetts Supreme Judicial Court · 1893
- McGuinness v. City of WorcesterMassachusetts Supreme Judicial Court · 1894
9 more not listed; retrieve them via the Exa API.