Chase v. City of Lowell
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the fall of a tree standing in Worthen Street in Lowell. At the trial in the Superior Court, before Sherman, J., the plaintiff introduced evidence tending to prove the following facts. The tree in question stood in an opening in the pavement of the carriageway of Worthen Street, next the curbstone of the sidewalk, and in front of the premises of Dr. F. C. Plunkett.
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Tort for personal injuries occasioned to the plaintiff by the fall of a tree standing in Worthen Street in Lowell. At the trial in the Superior Court, before Sherman, J., the plaintiff introduced evidence tending to prove the following facts. The tree in question stood in an opening in the pavement of the carriageway of Worthen Street, next the curbstone of the sidewalk, and in front of the premises of Dr. F. C. Plunkett. On September 28, 1885, about one o’clock, P. M., while the plaintiff, in the exercise of due care, was walking along on the other sidewalk of the street and had reached a…
1Opinion of the CourtW. Allen, J.
The plaintiff was injured while travelling in a public street in Lowell, by the falling upon him of a shade tree growing in the street. There was evidence that the tree was defective and dangerous from its liability to be blown down by ordinary high winds. The court refused to give the instruction asked by the defendant, that “ the defendant had no power or right to remove or cut down the tree causing the injury to the plaintiff, without such complaint to and adjudication by the proper authorities as to the removal or destruction of the same as are provided by law ”; and the instructions to…
2Cases cited4 opinions
- Bliss v. BallMassachusetts Supreme Judicial Court · 1868
- White v. GodfreyMassachusetts Supreme Judicial Court · 1867
- McCarthy v. City of BostonMassachusetts Supreme Judicial Court · 1883
- Gaylord v. KingMassachusetts Supreme Judicial Court · 1886
3Cited by9 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Valvoline Oil Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1920
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
- Washburn v. Inhabitants of EastonMassachusetts Supreme Judicial Court · 1899
- Bigelow v. WhitcombSupreme Court of New Hampshire · 1904
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