Upham v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by a defect in Union Park Street, a highway of the defendant. Writ dated February 9, 1901. At the trial in the Superior Court before Bell, J., the jury returned a verdict for the plaintiff in the sum of $800; and the defendant alleged exceptions.
1Opinion of the CourtBarker, J.
The plaintiff while walking with crutches on the sidewalk of Union Park Street in Boston was thrown down and hurt because the end of one of her crutches went down into a circular opening in the surface of the sidewalk caused by the absence of a glass disk in a Hyatt light. The hole was from two to two and five eighths inches in’ diameter. The crutch went down into the hole about two feet. Several of these glass disks were out at the time of the accident. The judge left to the jury the question whether the hole was a defect. The defendant excepted to a refusal to rule that the evidence did not…
2Cited by8 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Corthell v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1935
- Cornell v. City of YpsilantiMichigan Supreme Court · 1920
- Bianchetti v. LuceMissouri Court of Appeals · 1927
- Delamaine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1918
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