Aldrich v. City of Boston
Massachusetts Supreme Judicial Court
Tort against the city of Boston under B. L. c. 51, § 18, for personal injuries sustained on November 25, 1901, and alleged to have been caused by a defect in the sidewalk of Salem Street, a highway of the defendant. Writ dated February 5, 1902. In the Superior Court the case was tried before Schofield, J. The alleged defect was an opening in the sidewalk of Salem Street containing a short flight of steps leading to the basement of a house.
Read the full summary
Tort against the city of Boston under B. L. c. 51, § 18, for personal injuries sustained on November 25, 1901, and alleged to have been caused by a defect in the sidewalk of Salem Street, a highway of the defendant. Writ dated February 5, 1902. In the Superior Court the case was tried before Schofield, J. The alleged defect was an opening in the sidewalk of Salem Street containing a short flight of steps leading to the basement of a house. The width of Salem Street was thirty feet. The opening, the steps and the house had been in existence in the same place for over forty years before the…
1Opinion of the CourtHammond, J.
The opening extending from' the line of the buildings two feet into the sidewalk was “three and sixteen one hundredths feet long and from ninety-two one hundredths of a foot to three feet deep.” It contained a flight of four steps descending from the level of the sidewalk to the basement of the house, the top step being about eleven inches below the surface of the sidewalk. There was no guard or railing of any sort about the opening. While in the exercise of due care, in a dark and foggy evening, the plaintiff stepped into this opening and was thereby injured. At the close of the evidence a…
2Cases cited4 opinions
- Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Dalton v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1922
- Town of Milton v. DonnellyMassachusetts Supreme Judicial Court · 1940
- Baxter v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914