Parker v. City of Springfield
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an alleged defect in Union Street in the defendant city. At the trial in the Superior Court, before Brigham, C. J., evidence was introduced tending to show that the plaintiff, who was sixty-two years of age, was proceeding along the sidewalk on Union Street, a highway which the defendant was bound to keep in repair, on her way to market, at about eleven o’clock in the forenoon of February 15, 1887; that a ridge of ice…
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Tort for personal injuries occasioned to the plaintiff by an alleged defect in Union Street in the defendant city. At the trial in the Superior Court, before Brigham, C. J., evidence was introduced tending to show that the plaintiff, who was sixty-two years of age, was proceeding along the sidewalk on Union Street, a highway which the defendant was bound to keep in repair, on her way to market, at about eleven o’clock in the forenoon of February 15, 1887; that a ridge of ice about one and a half feet wide and from four to five inches thick extended lengthwise along the centre of the sidewalk;…
1Opinion of the CourtDevens, J.
The request made by the plaintiff on the issue of due care, — that the court should instruct the jury that the fact that she knew that a ridge of ice, dangerous in its character, existed at the place where she was injured, did not conclusively prove negligence on her part in attempting to pass over it, and further, that, if she had reasonable cause to believe that she could pass in safety over it, and used reasonable care in the attempt, she might recover, — was not in terms given to the jury. But if the subject to which the attention of the court was called was fully covered by a correct and…
2Cases cited5 opinions
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
- Howes v. GrushMassachusetts Supreme Judicial Court · 1881
- Bugbee v. KendrickenMassachusetts Supreme Judicial Court · 1882
- Delaney v. HallMassachusetts Supreme Judicial Court · 1881
3Cited by4 opinions
- Cowie v. City of SeattleWashington Supreme Court · 1900
- Boston v. FountainMassachusetts Supreme Judicial Court · 1929
- Cashman v. ProctorMassachusetts Supreme Judicial Court · 1908
- Hudson v. Inhabitants of MarlboroughMassachusetts Supreme Judicial Court · 1891