Hasey v. City of Boston
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for personal injuries alleged to have been sustained by the plaintiff on October 13,1914, at about 8 :30 A. M. from tripping and falling over some bricks protruding from the sidewalk of Moreland Street near or opposite Perrin Street in the part of Boston called Roxbury.
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Tort under R. L. c. 51, § 18, for personal injuries alleged to have been sustained by the plaintiff on October 13,1914, at about 8 :30 A. M. from tripping and falling over some bricks protruding from the sidewalk of Moreland Street near or opposite Perrin Street in the part of Boston called Roxbury. Writ dated May 26,1916. In the Superior Court the case was tried before White, J. The jury returned a verdict for the defendant; and the plaintiff alleged exceptions to the admission of certain evidence as the declaration of a deceased person under R. L. c. 175, § 66, as described in the opinion.
1Opinion of the CourtPierce, J.
This is an action of tort to recover damages for injuries received by the plaintiff on October 13, 1914, from a fall to the sidewalk while walking on Moreland Street in the city of Boston.
The testimony of the plaintiff and of her witness tended to prove that she tripped, stumbled and fell over three or four bricks projecting “about two inches” above the surrounding surface of the sidewalk in the middle of the sidewalk. The testimony of the witnesses called by the defendant tended to prove that the sidewalk was in good condition, was without defect, that leaves were on the sidewalk, and that…
2Cases cited4 opinions
- Slotofski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Ames v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1915
- Little v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Whitcomb v. WhitcombMassachusetts Supreme Judicial Court · 1914
3Cited by13 opinions
- In re KeenanMassachusetts Supreme Judicial Court · 1934
- Murphy v. HanrightMassachusetts Supreme Judicial Court · 1921
- Old Colony Trust Co. v. ShawMassachusetts Supreme Judicial Court · 1964
- Litif v. United StatesDistrict Court, D. Massachusetts · 2010
- Kulchinsky v. SegalMassachusetts Supreme Judicial Court · 1940
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