Cushing v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by an alleged defect in Bartlett Street in that part of Boston, formerly Charlestown. Writ dated June 24, 1875. At the trial in the Superior Court, before Gardner, J,, it appeared that the plaintiff, in the evening of November 5, 1872, was walking along the sidewalk of Bartlett Street, and when opposite the Bunker Hill Market, came in contact with the steps leading up into the market building from the sidewalk and fell, and was injured.
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Tort for personal injuries caused by an alleged defect in Bartlett Street in that part of Boston, formerly Charlestown. Writ dated June 24, 1875. At the trial in the Superior Court, before Gardner, J,, it appeared that the plaintiff, in the evening of November 5, 1872, was walking along the sidewalk of Bartlett Street, and when opposite the Bunker Hill Market, came in contact with the steps leading up into the market building from the sidewalk and fell, and was injured. Bartlett Street at this point was thirty* nine and two tenths feet wide, including the sidewalks, and the sidewalk was six…
1Opinion of the CourtColt, J.
The special statute of 1824, c. 16, § 3, declares “ that no canopy, balcony, portico or door-steps, hereafter erected in any street, lane or alley in the town of Charlestown, shall project into such street, lane or alley more than one twelfth part of the width thereof, and in no case more than three feet.” By the St. 1848, c. 278, (Gen. Sts. a. 19, § 13,) all cities were empowered to make all rules and regulations for the erection and maintenance of balustrades, and other projections upon the roofs and sides of buildings, as the safety of the public requires. *175But no ordinance had been adopted…
2Cases cited5 opinions
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Fisk v. CushmanMassachusetts Supreme Judicial Court · 1850
- Commonwealth v. GoodnowMassachusetts Supreme Judicial Court · 1875
- Hawks v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1875
- Appleton v. Inhabitants of NantucketMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
- Town of Milton v. DonnellyMassachusetts Supreme Judicial Court · 1940
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1878
- Fowler v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1897
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