Inhabitants of Woburn v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort to recover the amount of a judgment obtained by Samuel O. Pollard in an action on the Gen. Sts. c. 44, § 22, against the plaintiffs, for personal injuries suffered by him on May 28, 1867, through a defect in Green Street, a highway in Woburn.
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Tort to recover the amount of a judgment obtained by Samuel O. Pollard in an action on the Gen. Sts. c. 44, § 22, against the plaintiffs, for personal injuries suffered by him on May 28, 1867, through a defect in Green Street, a highway in Woburn. See 104 Mass. 84. Trial in this court, before Ames, J., who made a report thereof, of which the following is the substance It was proved or admitted that the defendants had due notice from the plaintiffs to appear and assume the defence of Pollard’s action; that the plaintiffs had been required to pay, and had paid and satisfied accordingly, the…
1Opinion of the CourtAmes, J.
The question presented upon this report has been disposed of by numerous decisions. Lowell v. Boston Lowell Railroad Co. 23 Pick. 24. Lowell v. Short, 4 Cush. 275. Boston v. Worthington, 10 Gray, 496. Milford v. Holbrook, 9 Allen, 17. Woburn v. Henshaw, 101 Mass. 193. West Boylston v. Mason, 102 Mass. 341. The existence of a certain state of facts, pointed out by the statute, is proof of constructive neglect on th» part of the town. If those facts existed, the liability of the town, is not at all affected by the question of its actual diligence or negligence. Billings v. Worcester, 102 Mass.…
2Cases cited3 opinions
- Inhabitants of Woburn v. HenshawMassachusetts Supreme Judicial Court · 1869
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Inhabitants of West Boylston v. MasonMassachusetts Supreme Judicial Court · 1869
3Cited by10 opinions
- Gregg v. City of WilmingtonSupreme Court of North Carolina · 1911
- Township of Hart v. NoretMichigan Supreme Court · 1916
- Kinloch Telephone Co. v. City of St. LouisSupreme Court of Missouri · 1916
- Old Colony Railroad v. SlavensMassachusetts Supreme Judicial Court · 1889
- City of Lowell v. GliddenMassachusetts Supreme Judicial Court · 1893
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