Neal v. City of Boston
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced evidence tending to show that on the night of March 22, 1892, he was travelling on the brick sidewalk in front of a building numbered 13 on Pine Street, which was one of the defendant’s public ways; that there was at that time a sunken place or depression in the sidewalk; that the depression extended from the curbstone towards the building between two and…
1Opinion of the CourtMorton, J.
1. From the questions put by the judge to the counsel for the plaintiff, and his answers, it appears that one object at least in asking what was the condition of the depression as to snow and ice during the previous winter was to show that there were snow and ice there for more or less continuous periods at different times. That the judge understood that to be in substance the offer would, seem to be indicated by his reply, or at least is fairly to be inferred from it. He said that he had allowed it to be shown that the form of the depression was such that ice and snow would accumulate there,…
2Cases cited2 opinions
- Brown v. LeachMassachusetts Supreme Judicial Court · 1871
- Richardson v. ButterfieldMassachusetts Supreme Judicial Court · 1850
3Cited by9 opinions
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896
- Rothwell v. First National BankMassachusetts Supreme Judicial Court · 1934
- Agnew v. FranksMassachusetts Supreme Judicial Court · 1926
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