Andrew Dutton Co. v. City of Boston
Massachusetts Supreme Judicial Court
Tort for damages to a horse of the plaintiff caused by his stepping upon a spike on the Congress Street bridge in Boston. Writ dated July 19, 1917. The declaration was in two counts, the first count being under R. L. c. 51, § 18, and the second count alleging that the damage was caused by negligence of the defendant.
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Tort for damages to a horse of the plaintiff caused by his stepping upon a spike on the Congress Street bridge in Boston. Writ dated July 19, 1917. The declaration was in two counts, the first count being under R. L. c. 51, § 18, and the second count alleging that the damage was caused by negligence of the defendant. The action was tried before White, J., who at the close of the plaintiff’s evidence ordered a verdict for the defendant and reported the case to this court for determination, it being agreed by the parties that, if his ruling was right, judgment should be entered for the…
1Opinion of the Court
By the Court.
The plaintiff at the argument in this court rightly having waived its second count, the action is to recover damages alleged to have resulted from a defective condition of a highway in the defendant city.
The facts in their aspect most favorable to the plaintiff are: One of a pair of horses belonging to it driven on to the Congress Street bridge, after going one step over a plank newly laid in the floor of the bridge, was found to have a spike in its hoof. The horse did not put its foot on the roadway after “picking up” the spike until it was removed'. The spike apparently had not…
2Cases cited4 opinions
- Bigwood v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Hamilton v. City of CambridgeMassachusetts Supreme Judicial Court · 1914
- Craig v. Inhabitants of LeominsterMassachusetts Supreme Judicial Court · 1908
- Smith v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1914
3Cited by3 opinions
- Felch v. D'AMICOMassachusetts Supreme Judicial Court · 1950
- Goldman v. Johns-Manville Sales Corp.Massachusetts District Court, Appellate Division · 1953
- Lione v. Hudson Chester Granite Co.Massachusetts Supreme Judicial Court · 1925