Gallagher v. Inhabitants of Watertown
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by a defect in the concrete sidewalk of Main Street, a highway of the defendant, between eight and nine o’clock in the evening of October 31,1903, when the plaintiff, a girl fifteen years of age, who had been doing some shopping, was on her way home with her sister and another companion.
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Tort for personal injuries alleged to have been caused by a defect in the concrete sidewalk of Main Street, a highway of the defendant, between eight and nine o’clock in the evening of October 31,1903, when the plaintiff, a girl fifteen years of age, who had been doing some shopping, was on her way home with her sister and another companion. Writ dated February 1, 1904. In the Superior Court the case was tried before Hitchcock, J. The evidence in regard to the alleged defect is described in the opinion. The judge refused to order a verdict for the defendant, and submitted the case to the…
1Opinion of the CourtBraley, J.
In walking over one of the public ways within the town, the plaintiff received injuries by stepping into a hole of which she had no previous knowledge. Upon the question of her due care, the ease presents no peculiar features to distinguish it from the recent cases of Torphy v. Fall River, 188 Mass. 310; Campbell v. Boston, 189 Mass. 7, and Bennett v. *468Everett, 191 Mass. 364, where it was held that this issue was properly submitted to the jury.
The principal contention of the defendant,. however, is, that there was no evidence either of a defect or of its negligence. But if the descriptions of…
2Cases cited5 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Moynihan v. City of HolyokeMassachusetts Supreme Judicial Court · 1906
- Mason v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1907
- Bennett v. City of EverettMassachusetts Supreme Judicial Court · 1906
3Cited by8 opinions
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Guidi v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Callagy v. City of BostonMassachusetts Supreme Judicial Court · 1937
- Howe v. City of MarlboroughMassachusetts Supreme Judicial Court · 1910
- McCarthy v. Inhabitants of StonehamMassachusetts Supreme Judicial Court · 1916
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