Schoonmaker v. Inhabitants of Wilbraham
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries caused by a defect in a highway in Wilbraham, on which the plaintiff was being driven, and which the defendants were bound to keep in repair.
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Tort to recover for personal injuries caused by a defect in a highway in Wilbraham, on which the plaintiff was being driven, and which the defendants were bound to keep in repair. At the trial in the Superior Court, before Rockwell, J., it appeared that the defect alleged by the plaintiff was that the highway sloped too much, both in the line of the road, and from one side of the road to the other; and that the plaintiff was being driven in a carryall at the time of the accident. The defendants called a witness and offered to show that he had seen persons drive, but not in carryalls, at…
1Opinion of the CourtWells, J.
T.je testimony, offered to show that other persons, with other vehicles, drove “ at considerable speed ” over the road, at the place alleged to be defective, and that no accident occurred to them, was properly excluded. It was not competent as a test, either of the degree of care with which the plaintiff was driven, or of the question whether the way was defective. Kidder v. Dunstable, 11 Gray, 342. The question whether the way, as described, was defective, is not before us otherwise than by the offer of the evidence above referred to.
Upon the question of due care, it does not appear from the…
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