Gulline v. City of Lowell
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate' of Robert Gulline, under the Pub. Sts. c. 52, § 17, for the loss of the life of his intestate on June 7, 1884, occasioned by an alleged defect in Central Bridge, over the Merrimac River, in Lowell.
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Tort, by the administrator of the estate' of Robert Gulline, under the Pub. Sts. c. 52, § 17, for the loss of the life of his intestate on June 7, 1884, occasioned by an alleged defect in Central Bridge, over the Merrimac River, in Lowell. Trial in the Superior Court, without a jury, before Blodgett, J., who reported the case for the determination of this court, in substance as follows: The judge found the following facts: There is in the city of Lowell a bridge- across the Merrimac River known as Central Bridge, which the defendant is by law bound to keep in repair. There was a defect or…
1Opinion of the CourtW. Allen, J.
The only question in these exceptions is, whether the court erred in refusing to rule that there was no *495evidence of due care on the part of the plaintiff or of his intestate. There was evidence of the conduct of the parties, and that is evidence upon the question of due care. There was certainly direct evidence tending to show that, until the boy left his father’s side, an instant before the injury, both were in the exercise of ordinary care, and from which, unless controlled by other evidence, a jury might have inferred that there had been no negligence on the part of either of them. The…
2Cases cited4 opinions
- Tighe v. City of LowellMassachusetts Supreme Judicial Court · 1876
- Britton v. Inhabitants of CummingtonMassachusetts Supreme Judicial Court · 1871
- Hunt v. City of SalemMassachusetts Supreme Judicial Court · 1876
- Lyons v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1876
3Cited by14 opinions
- City Council v. TharpeSupreme Court of Georgia · 1901
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
- Ryder v. RobinsonMassachusetts Supreme Judicial Court · 1952
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