Igo v. City of Cambridge
Massachusetts Supreme Judicial Court
Two actions of tort for personal injuries sustained by the plaintiff on December 8,1908, at about half past nine o’clock in the morning, while he was a traveller upon a public highway in the city of Cambridge, the first action being against that city under R. L. c. 51, § 18, and the second action being against a corporation, carrying on the business of a building contractor, whose engineer was alleged to have caused the injuries by negligently frightening the horses which…
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Two actions of tort for personal injuries sustained by the plaintiff on December 8,1908, at about half past nine o’clock in the morning, while he was a traveller upon a public highway in the city of Cambridge, the first action being against that city under R. L. c. 51, § 18, and the second action being against a corporation, carrying on the business of a building contractor, whose engineer was alleged to have caused the injuries by negligently frightening the horses which the plaintiff was driving. Writs dated January 11, 1909. In the Superior Court the cases were tried together before Fox,…
1Opinion of the CourtBraley, J.
If it became necessary for the water department of the defendant city either to lay or to repair a water pipe in the public way over which the plaintiff was driving when injured, the jury could find that to open a trench of the dimensions stated, without taking any precautions to warn travellers of the danger, rendered the street defective and unsafe. Norwood v. Somerville, 159 Mass. 105. Torphy v. Fall River, 188 Mass. 310, 313. R. L. c. 51, § 1.
To maintain the action, the plaintiff under R. L. c. 51, § 18, must prove that the defect was the sole cause of his injuries. The city had…
2Cases cited11 opinions
- Lynn Gas & Electric Co. v. Meriden Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Feeley v. City of MelroseMassachusetts Supreme Judicial Court · 1910
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Caissie v. City of CambridgeMassachusetts Supreme Judicial Court · 1944
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Howe v. City of BostonMassachusetts Supreme Judicial Court · 1942
- Mulvaney v. City of WorcesterMassachusetts Supreme Judicial Court · 1935
5 more not listed; retrieve them via the Exa API.