Stanford v. Inhabitants of Hyde Park
Massachusetts Supreme Judicial Court
Tort for personal injuries from an alleged defect in River Street, a highway of the defendant. Writ dated October 28, 1901. In the Superior Court the case was tried before Sherman, J. It appeared, that the alleged defect consisted of a grade stake standing about two feet inside of the line of the location of the highway and outside of the wrought roadway, the stake being about fourteen inches above the surface of the ground, two and one half inches wide and two inches thick,…
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Tort for personal injuries from an alleged defect in River Street, a highway of the defendant. Writ dated October 28, 1901. In the Superior Court the case was tried before Sherman, J. It appeared, that the alleged defect consisted of a grade stake standing about two feet inside of the line of the location of the highway and outside of the wrought roadway, the stake being about fourteen inches above the surface of the ground, two and one half inches wide and two inches thick, and situated near or opposite a white post which was a stopping place of an electric car line. There was evidence that…
1Opinion of the CourtHammond, J.
This is a very plain case. There was but little conflict in the evidence; and it is unnecessary to recite it in detail or to cite authorities to show that the questions whether the plaintiff was in the exercise of due care, whether the stake was the cause of the injury, whether in view of the amount and character of public travel in that vicinity the way was reasonably safe and convenient, or by reason of the existence of the stake was defective, whether the defect might have been remedied by reasonable care and diligence on the part of the town, and whether the town had, or by the exercise…
2Cited by1 opinion
- Lynch v. City of BostonMassachusetts Supreme Judicial Court · 1904