Pierce v. City of New Bedford
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that there were in the city of New Bedford two public streets, called Pearl Street and Purchase Street, which crossed each other at right angles, and which the city was bound to keep' in repair and reasonably safe and convenient for travellers with their horses; teams and carriages at all seasons of the year; that for several days previous to January 11, 1879, boys had been and were in the habit of coasting and sliding with sleds upon Pearl…
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Tort. The declaration alleged that there were in the city of New Bedford two public streets, called Pearl Street and Purchase Street, which crossed each other at right angles, and which the city was bound to keep' in repair and reasonably safe and convenient for travellers with their horses; teams and carriages at all seasons of the year; that for several days previous to January 11, 1879, boys had been and were in the habit of coasting and sliding with sleds upon Pearl Street, without hindrance or interruption from the authorities of the city; that the policemen on duty in that part of the…
1Opinion of the Court
By the Court.
The declaration shows no cause of action against the defendant. A boy coasting upon a hand-sled is not a defect or want of repair in the highway, for which the city is liable to a person struck by the moving sled. St. 1877, c. 234. Vinal v. Dorchester, 7 Gray, 421. Shepherd v. Chelsea, 4 Allen, 113. Barber v. Roxbury, 11 Allen, 318. Hutchinson v. Concord, 41 Vt. 271. Judgment for the defendant.
2Cases cited1 opinion
- Hutchinson v. Town of ConcordSupreme Court of Vermont · 1868
3Cited by11 opinions
- Caissie v. City of CambridgeMassachusetts Supreme Judicial Court · 1944
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Jones v. City of WilliamsburgSupreme Court of Virginia · 1900
- Harris v. City of Des MoinesSupreme Court of Iowa · 1926
- Hubbell v. City of ViroquaWisconsin Supreme Court · 1886
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