Newton v. City of Worcester
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant city. After the former decision, reported 169 Mass. 516, the case was tried in the Superior Court, before Gaskill, J. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHammond, J.
This is an action under Pub. Sts. c. 52, § 18, to recover for personal injuries received by the plaintiff, by reason of falling upon a sidewalk since St. 1896, c. 540, went into effect.
At the trial there was evidence tending to show that at the place of the accident there were a number of depressions in the surface of the sidewalk; that they were caused by some of the bricks being depressed and some being elevated; that the depressions varied in depth from one half inch to two inches, and at the place of the accident covered an area two feet long and twelve to fourteen inches wide, and that…
2Cases cited9 opinions
- Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1897
- Adams v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1888
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3Cited by60 opinions
- Bohaker v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1913
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Haliw v. City of Sterling HeightsMichigan Supreme Court · 2001
- Mahoney v. PerreaultMassachusetts Supreme Judicial Court · 1931
- Naze v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1924
55 more not listed; retrieve them via the Exa API.