Street v. Inhabitants of Holyoke
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. c. 44, § 22, for injuries sustained by the female plaintiff through an alleged defect in a highway.
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Tort on the Gen. Sts. c. 44, § 22, for injuries sustained by the female plaintiff through an alleged defect in a highway. At the trial in the superior court, before Wilkinson, J., the plaintiffs introduced evidence tending to show that the female plaintiff drove up, in a sleigh, in front of a shop which she had occasion to visit, situated in Fuller’s Block on High Street, one of the principal business streets in Holyoke; that in front of Fuller’s Block was a brick sidewalk, ten or twelve feet wide; that a light snow was falling when she reached the shop, which covered the ground and sidewalk…
1Opinion of the CourtColt, J.
In accordance with the defendants’ request, the jury were told that the fact that the sidewalk was slippery from ice or snow upon it, if there was no such accumulation as to constitute an obstruction to travel, would not be a defect for which the town was liable. Other instructions were given which were not excepted to, and are not set forth, which must have stated in a general form the true rule and measure of this statute liability, and the jury must have found that the female plaintiff, while crossing with due care, on her way to the shop, that part of the highway appropriated to the…
2Cases cited5 opinions
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
- Mahoney v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1870
- Luther v. City of WorcesterMassachusetts Supreme Judicial Court · 1867
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Hutchins v. City of BostonMassachusetts Supreme Judicial Court · 1867
3Cited by19 opinions
- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
- City of Lincoln v. SmithNebraska Supreme Court · 1890
- Cloughessey v. City of WaterburySupreme Court of Connecticut · 1884
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