Raymond v. City of Lowell
Massachusetts Supreme Judicial Court
This was an action on the case, to recover damages for an injury sustained by the plaintiff, described in the writ as of Manchester, in the state of New Hampshire, on the 5th of October, 1845, by reason of a defect in a street or highway, in the city of Lowell, called Central street.
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This was an action on the case, to recover damages for an injury sustained by the plaintiff, described in the writ as of Manchester, in the state of New Hampshire, on the 5th of October, 1845, by reason of a defect in a street or highway, in the city of Lowell, called Central street. The writ was dated March 1st, 1848. The declaration alleged, that there was, and for several years had been,in Lowell, a certain public street or highway, which was called Central street, which the defendants were bound by law to keep in a safe condition for all persons to pass thereon without danger or…
1Opinion of the CourtShaw, C. J.
The first ground of the motion in arrest of judgment in this case is, that the declaration does not sufficiently allege ordinary care on the part of the plaintiff, at the time of the accident which occasioned the injury. It has been long held that the existence of the defect does not of itself alone give the right of action; but that if the party injured was not in the exercise of ordinary care at the time of the accident, he cannot recover, unless the injury was occasioned wholly by the defect, and not in any degree by the plaintiff’s negligence. But here, we think, the plaintiff’s exercise…
2Cases cited1 opinion
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1812
3Cited by5 opinions
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