Rouse v. City of Somerville
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by a defect in Washington Street, a highway in the defendant city.
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Tort for personal injuries sustained by the plaintiff by a defect in Washington Street, a highway in the defendant city. Writ dated February 5, 1880. Trial in the Superior Court, before Brigham, C. J., who reported the case for the consideration of this court, in substance as follows: The plaintiff, while travelling on the highway," and in the exercise of due care, was injured by falling into a hole in the sidewalk, within the limits of an approach to a bridge built by the Fitchburg Railroad Company over the tracks of its railroad. This hole had existed for several days; and the city, though…
1Opinion of the CourtLord, J.
The liability of municipal corporations to compensate persons for injuries sustained by reason of a want of repair of a way is wholly a statute liability. This liability is limited. It is confined to two classes of ways; first, those which the municipality is legally bound to keep in repair, and, second, those as to which they are in law estopped to deny such liability. It is a responsibility which it is not competent for them to assume by contract or otherwise, and the inhabitants of such municipalities cannot be taxed to compensate for injuries sustained by others by reason of the violation…
2Cases cited2 opinions
- White v. Inhabitants of QuincyMassachusetts Supreme Judicial Court · 1867
- Wilson v. City of BostonMassachusetts Supreme Judicial Court · 1875
3Cited by17 opinions
- Whalen v. Worcester Electric Light Co.Massachusetts Supreme Judicial Court · 1940
- Uliasz v. GilletteMassachusetts Supreme Judicial Court · 1970
- Hurlburt v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1938
- Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
- Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
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