Blake v. City of Lowell
Massachusetts Supreme Judicial Court
Tout for personal injuries received by reason of an alleged defect upon a sidewalk at the corner of Kirk Street and Merrimack Street in Lowell, consisting of an accumulation of ice and snow.
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Tout for personal injuries received by reason of an alleged defect upon a sidewalk at the corner of Kirk Street and Merrimack Street in Lowell, consisting of an accumulation of ice and snow. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: Albert E. Libby, a police officer of the defendant city, was called by the plaintiff, and testified that, about four o’clock on the afternoon of Saturday, December 27, 1884, the day before the alleged injury was received, upon the book below described he made the following entry: “…
1Opinion of the CourtDeyens, J.
The city of Lowell was responsible for the defect in its highway only if it had reasonable notice thereof, or, by the exercise of reasonable care and diligence on its part, might have had such notice. Pub. Sts. g. 52, § 18. Such notice may be given to its officials, and the reasonable care and diligence which must be exercised are to be exercised by them. The book which was admitted in evidence was kept in the office of the city messenger, in the city government building, and had been thus kept from 1871 until after the time of the injury, which was of recent date. The printed headings on its…
2Cases cited6 opinions
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Olson v. City of WorcesterMassachusetts Supreme Judicial Court · 1886
- Rooney v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1880
- Fitzgerald v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Adams v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1888
- McGowan v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954