McKenna v. City of Boston
Massachusetts Supreme Judicial Court
Tobt for personal injuries occasioned to the plaintiff by a defect in Willard Street, formerly called Vernon Street, in Boston, alleged to be a public highway. Writ dated August 28, 1879. Answer, a general denial. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the Court
Eítoicott J.
The plaintiff contended at the trial that the street where the alleged injury occurred was a public highway. To establish that fact, evidence was introduced for the purpose of showing that, prior to the St. of 1846, c. 203, the street was dedicated to public use as a highway by the owners of the land, and the same was accepted by the public authorities of Boston. He also introduced evidence tending to show that the street had become a highway by prescription. The questions to be passed upon relate to the admission of evidence offered by the plaintiff in proving his case; and to…
2Cases cited4 opinions
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. MatthewsMassachusetts Supreme Judicial Court · 1877
- Richards v. County CommissionersMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- Prentiss v. City of GloucesterMassachusetts Supreme Judicial Court · 1920
- Bassett v. Inhabitants of HarwichMassachusetts Supreme Judicial Court · 1902
- Veale v. City of BostonMassachusetts Supreme Judicial Court · 1883
- Dakin v. City of SomervilleMassachusetts Supreme Judicial Court · 1928
- White v. Inhabitants of FoxboroughMassachusetts Supreme Judicial Court · 1890
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