Appleton v. Inhabitants of Nantucket
Massachusetts Supreme Judicial Court
Tort for injuries sustained by an alleged defect in a highway, which the defendant was bound to keep in repair. At the trial in the Superior Court, before Putnam, J., it appeared in evidence that there was a way in Nantucket, used for public travel, and known as York Street, which had been so used and known for a period of more than forty years.
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Tort for injuries sustained by an alleged defect in a highway, which the defendant was bound to keep in repair. At the trial in the Superior Court, before Putnam, J., it appeared in evidence that there was a way in Nantucket, used for public travel, and known as York Street, which had been so used and known for a period of more than forty years. The defect complained of consisted of two posts standing on the southerly side of the way, against one of which the wagon in which the plaintiff was riding struck, so that she was thrown out and received injuries. This way varied in width from…
1Opinion of the CourtAmes, J.
It is provided by the Gen. Sts. c. 45, § 6, that a person, owning or occupying lands adjoining a highway or road in a town, may construct a sidewalk within such highway or road, and along the line of such land, indicating the width of such sidewalk, by trees, posts or curb-stones. The privilege allowed by this statute is attended with certain limitations and conditions, and is manifestly not intended to supersede or qualify the general obligation of towns to keep their highways and streets safe and convenient for travellers. By the express terms of the section giving the privilege, the…
2Cases cited1 opinion
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Carney v. ProctorMassachusetts Supreme Judicial Court · 1921
- McCarthy v. ShaheenMassachusetts Supreme Judicial Court · 1928
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. FranklinMassachusetts Supreme Judicial Court · 1882