Whitney v. City of Lowell
Massachusetts Supreme Judicial Court
Tobt for injuries occasioned to the plaintiff’s horse by falling into a sewer man-hole in Liberty Square, a highway in Lowell. At the trial in the Superior Court, before Mason, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
The accident on account of which this suit is brought happened at about ten o’clock in the forenoon, in a public square formed by the intersection of five streets, through which was a large amount of travel and near the centre of which was a watering trough. All the evidence tended to show, and the plaintiff did not deny, that the man-hole was rightfully there and was properly constructed, and that the cover, which was about twenty inches across, was a proper and sufficient one. The cover was misplaced, and the plaintiff’s driver saw that the manhole was open about half an inch just as his…
2Cases cited1 opinion
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
3Cited by4 opinions
- Gates v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1926
- Coghlan v. WhiteMassachusetts Supreme Judicial Court · 1920
- Craig v. Inhabitants of LeominsterMassachusetts Supreme Judicial Court · 1908
- Gates v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1892