Monies v. City of Lynn
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned by reason of an alleged defect in Market Street in Lynn. At the trial in the Superior Court, before Dewey, J., it was admitted that Market Street was a highway which the defendant was bound to keep in repair; that it was out of repair and defective at the time the .plaintiff received the injuries; and that she was in the exercise of due care.
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Tort for personal injuries occasioned by reason of an alleged defect in Market Street in Lynn. At the trial in the Superior Court, before Dewey, J., it was admitted that Market Street was a highway which the defendant was bound to keep in repair; that it was out of repair and defective at the time the .plaintiff received the injuries; and that she was in the exercise of due care. It appeared that on Monday evening, October 7, 1872, the plaintiff, while passing along Market Street, and while opposite a building called Tremont Block, was injured by falling into a hole in the sidewalk, there…
1Opinion of the CourtLord, J.
The objection to the rulings and instructions of the learned judge, who presided at the trial, is not that, as mere abstract propositions of law, such rulings and instructions were erroneous, but that they did not meet all the requirements of the case. The question to be tried by the jury was whether the defect which caused the injury to the plaintiff had existed for the Bpace of twenty-four hours prior to her injury. It was not, as previously decided in this case, whether the highway was in such a condition as that it was liable to become defective at once. Monies v. Lynn, 121 Mass. 442.
*170The…
2Cases cited2 opinions
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1877
- Blood v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Purple v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1884
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