Dupuis v. Town of Billerica

This action was brought to establish liability under G. L. c. 229, § 1, which, so far as here pertinent, provides: "If the life of a person is lost by reason of a defect or want of repair ... in or upon a way . . . the county, city, town or person by law obliged to repair the same shall, if it or he had previous reasonable notice of the defect or want of repair ... be liable in damages . . . .” It is before us, after a verdict for the plaintiff, upon exceptions to a refusal to direct a verdict for the defendant; to the refusal to instruct the jury as requested; and to a portion of the judge’s…