Coles v. Inhabitants of Revere
Massachusetts Supreme Judicial Court
Tort for injuries from an accident caused by an alleged defect in Salem Street in the town of Revere, consisting of the absence of a sufficient barrier.
Read the full summary
Tort for injuries from an accident caused by an alleged defect in Salem Street in the town of Revere, consisting of the absence of a sufficient barrier. Writ dated June 29, 1898. At the trial in the Superior Court before Maynard, J., it appeared by the plaintiff’s evidence, that on October 25, 1897, the plaintiff was driving with her son on Salem Street, a highway of the defendant, and had reached a point nearly opposite a large ledge about one hundred feet high upon which was a stone crusher and quarry; that Salem Street at this point was about fifty feet wide; that there were two strips of…
1Opinion of the CourtHammond, J.
Upon the evidence, the questions whether the horse was driven with due care, whether the way was defective by reason of the absence of a barrier, whether the loss of control of the horse was only momentary and would have been instantly regained if the vehicle had not reached the defective spot, and the accident, if there had been a proper barrier, would have been avoided, and whether the defect was the sole cause of the injury, were all for the jury. There was no error in the manner in which the court dealt with the rulings requested by the de*178fendant. The instructions under which the case was…
2Cases cited2 opinions
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Tisdale v. Inhabitants of BridgewaterMassachusetts Supreme Judicial Court · 1897
3Cited by2 opinions
- McMahon v. Inhabitants of HarvardMassachusetts Supreme Judicial Court · 1912
- Meaney v. City of BostonMassachusetts Supreme Judicial Court · 1907