Dipper v. Inhabitants of Milford
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant town. Trial in the Superior Court, before G-aslnll, J., who reported the case for the determination of this court, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant town. Trial in the Superior Court, before G-aslnll, J., who reported the case for the determination of this court, in substance as follows. The plaintiff testified that, at the time of the injury, she was fifty-seven years old, and was in perfect health; that she had lived many years in the defendant town, and was familiar with its streets ; that on the day of the accident she left her home to transact some business at a shop on Exchange Street, a street running east and west and leading…
1Opinion of the CourtLathrop, J.
The only question raised by the report in this case is whether there was sufficient evidence of due care on the plaintiff’s part to entitle her to go to the jury. We are of opinion that there was. From the evidence the jury could well have found that, although the plaintiff knew that there was ice on the sidewalk, she passed over it a distance of twenty feet before she reached the more .dangerous place where she fell. When she reached this place it was a question whether to proceed, or to go back, or to attempt to cross the street. We cannot say, as matter of law, that the plaintiff was not…
2Cases cited1 opinion
- Dewire v. BaileyMassachusetts Supreme Judicial Court · 1881
3Cited by8 opinions
- Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
- Foster v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Kroger Grocery & Baking Company v. MonroeCourt of Appeals of Kentucky (pre-1976) · 1931
- Soederberg v. Concord Greene Condominium AssociationMassachusetts Appeals Court · 2010
- Walter Gadowski v. Union Oil Company of BostonCourt of Appeals for the First Circuit · 1964
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