Tisdale v. Inhabitants of Bridgewater
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiffs by reason of the alleged want of a railing at the side of a highway in the defendant town. Trial in the Superior Court, before Sheldon, J., who reported the cases for the determination of this court, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiffs by reason of the alleged want of a railing at the side of a highway in the defendant town. Trial in the Superior Court, before Sheldon, J., who reported the cases for the determination of this court, in substance as follows. There was evidence tending to show that at the place where the accident happened there was a good hard smooth gravel road-bed, thirty-seven feet wide, from the inner edge of the sidewalk; that the sidewalk on the west side of the street was between seven and eight feet wide, and made of gravel or coal ashes,…
1Opinion of the CourtBarker, J.
The part of the cellar hole, into which the rear end of the carriage went, was only four feet from the line of the street, and only twelve feet from the carriage path, while another part of the hole was still nearer, less than two feet from the street line. The horse, startled by a whip with which the driver of a passing team struck his own horse, backed suddenly, but was stopped with the rear end of the carriage in the hole, the forward wheels just outside the edge of the sidewalk, and the horse standing across the sidewalk. It was not an instance of straying from the highway, and, as the…
2Cases cited2 opinions
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Logan v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Harris v. Inhabitants of Great BarringtonMassachusetts Supreme Judicial Court · 1897
- Mason v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1907
- Cutting v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1906
- McGourty v. DeMarcoMassachusetts Supreme Judicial Court · 1908
- Coles v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1902
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