Wilson v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned by a defect in a highway. At the trial in this court, before Undieott, J., the defendant contended that the defect was situated within the limits of an approach to a bridge built by a railroad corporation as part of a highway.
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Tort for personal injuries occasioned by a defect in a highway. At the trial in this court, before Undieott, J., the defendant contended that the defect was situated within the limits of an approach to a bridge built by a railroad corporation as part of a highway. It appeared, from the testimony of both parties, that thé Boston, Hartford & Erie Railroad passed under Fourth Street at right angles; that the bridge over the railroad was at a level of from three to four feet above the level of the street; that the sidewalk on the southerly side of the street was constructed of dirt, and extended…
1Opinion of the CourtWells, J.
The location of the highway was not disputed. The city -was not bound to keep in repair the approaches to the oridge over the railroad, although within the admitted limits of the highway, because other provision had been made therefor. Gen. Sts. e. 44, § 1, and c. 63, § 61. White v. Quincy, 97 Mass. 430. The fact that the city had made some repairs upon the approaches did not relieve the railroad of its obligation, nor impose an additional obligation upon the city. The Gen. Sts. c. 44, § 26, — Eev. Sts. c. 25, § 26,—relied on by the plaintiff, do not impose any duty nor declare any liability.…
2Cases cited2 opinions
- White v. Inhabitants of QuincyMassachusetts Supreme Judicial Court · 1867
- Smith v. Bowditch Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
3Cited by6 opinions
- Hurlburt v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1938
- Rouse v. City of SomervilleMassachusetts Supreme Judicial Court · 1881
- Dickie v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1881
- Cammett v. City of HaverhillMassachusetts Supreme Judicial Court · 1908
- Braley v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1920
1 more not listed; retrieve them via the Exa API.