Lyman v. Inhabitants of Amherst
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. o. 44, § 22, for injuries alleged to have been received by the plaintiff through a defect in a highway leading from Amherst to Granby, which the defendants were bound to keep in repair, and on which he was travelling with due care at the time of his injury. The answer admitted the obligation of the defendants to keep the highway in repair, and denied all the other allegations of the plaintiff.
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Tort on the Gen. Sts. o. 44, § 22, for injuries alleged to have been received by the plaintiff through a defect in a highway leading from Amherst to Granby, which the defendants were bound to keep in repair, and on which he was travelling with due care at the time of his injury. The answer admitted the obligation of the defendants to keep the highway in repair, and denied all the other allegations of the plaintiff. At the trial in the superior court, before Pitman, J., the plaintiff introduced evidence tending to show that he was a peddler of tin ware, and on the afternoon of September…
1Opinion of the Court
Mobtoít, J.
The court is of opinion that the instructions given at the trial were sufficiently favorable to the defendants. The evidence tended to show that, while the plaintiff was travel-ling over a steep road in Amherst, his horse, either by stepping on a rolling stone, or because of the soft and yielding character of the road-bed, for a moment lost the control of his load, and was drawn backward, by its weight, over the banks of the road. The alleged defect was the want of a suitable railing .at the place where he went over. Under the instructions, the jury were re*346quired to find that the…
2Cases cited1 opinion
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Kelly v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
- Dewire v. BaileyMassachusetts Supreme Judicial Court · 1881
- McGuinness v. City of WorcesterMassachusetts Supreme Judicial Court · 1894
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
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