Gilbert v. City of Roxbury
Massachusetts Supreme Judicial Court
Tort under the Gen. Sts. c. 44, § 22, for injuries sustained by Mrs. Gilbert from falling in a highway which the defendants admitted that they were bound to keep in repair.
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Tort under the Gen. Sts. c. 44, § 22, for injuries sustained by Mrs. Gilbert from falling in a highway which the defendants admitted that they were bound to keep in repair. At the trial in the superior court, the plaintiffs’ evidence tended to show that the facts were as follows : On January 30,1867, Mrs. Gilbert turned from St. James Street into Shawmut Avenue, a much frequented highway in Roxbury, and was walking along the sidewalk in the avenue, when she slipped on ice which had formed there, and fell, and was injured. The sidewalk was a graded walk of earth, between five and six feet…
1Opinion of the CourtGray, J.
The circumstances under which ice may be considered a defect in the highway have been discussed in many recent cases. Stone v. Hubbardston, ante, 57, and cases cited. But the only one to which we need now particularly refer is that of Hutchins v. Boston. At the first argument of that case the court held that the mere fact that an ordinary sidewalk was slippery with ice was not sufficient to prove a defect in the highway. 12 Allen, 571, note. When the case came before *187the full court a second time, it was decided that, if the ice was not only smooth and slippery, but had remained for some time,…
2Cases cited1 opinion
- Hutchins v. City of BostonMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Atlanta & West Point Railroad v. HudsonCourt of Appeals of Georgia · 1907
- Evans v. City of ConcordiaSupreme Court of Kansas · 1906
- Smyth v. City of BangorSupreme Judicial Court of Maine · 1881
- Darling v. WestmorelandSupreme Court of New Hampshire · 1872
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