Sears v. Inhabitants of Dennis
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. c. 44, § 22. Trial before Colt, J., who reported the case as follows : “ This is an action of tort, in which damages are claimed oi the town of Dennis for injuries sustained by the female plaintiff while travelling over a highway in said town in October 1867. There was evidence tending to show that the horse driven by Mr. Sears was thrown, or fell down, by stumbling or falling over a ‘ stop-water,’ so called, built across the travelled part of the way;…
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Tort on the Gen. Sts. c. 44, § 22. Trial before Colt, J., who reported the case as follows : “ This is an action of tort, in which damages are claimed oi the town of Dennis for injuries sustained by the female plaintiff while travelling over a highway in said town in October 1867. There was evidence tending to show that the horse driven by Mr. Sears was thrown, or fell down, by stumbling or falling over a ‘ stop-water,’ so called, built across the travelled part of the way; that the shafts and the cross-bar of the carriage were broken; that the horse struggled to get to his feet; and that Mr.…
1Opinion of the CourtGray, J.
The liability of towns for defects in a highway is not limited to injuries suffered by reason of a traveller, or his horse or carriage, coming into immediate contact with the defect, but extends to injuries to the horse while under the immediate impulse or impetus received from the defect, or during reasonable efforts to relieve him from the position into which he has been thrown by coming into contact with the defect, or to the traveller by voluntarily leaping from the carriage, in the exercise of ordinary cara and prudence, to avoid apparently imminent danger from being brought into contact…
2Cases cited1 opinion
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
3Cited by8 opinions
- Woolery v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1886
- Gannon v. New York, New Haven, and Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- Flagg v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1886
- Cody v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
- Dutzi v. GeiselMissouri Court of Appeals · 1886
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