Bleistine v. City of Chelsea
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, against the city of Chelsea for personal injuries sustained by the plaintiff and for damage done to his horse and wagon while the plaintiff was travelling upon Williams Street, a public way of the defendant, on March 17, 1906. Writ dated March 24, 1906. In the Superior Court the case was tried before Hitchcock, J. It was admitted that a proper notice of the time, place and cause of the accident was duly served on the defendant.
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Tort under R. L. c. 51, § 18, against the city of Chelsea for personal injuries sustained by the plaintiff and for damage done to his horse and wagon while the plaintiff was travelling upon Williams Street, a public way of the defendant, on March 17, 1906. Writ dated March 24, 1906. In the Superior Court the case was tried before Hitchcock, J. It was admitted that a proper notice of the time, place and cause of the accident was duly served on the defendant. It also was admitted that Williams Street was a public way, which the defendant was bound to keep in repair; that a few feet below the…
1Opinion of the CourtBbaley, J.
If the street the defendant was required to keep in a reasonably safe condition for the use of travellers had become defective and dangerous by the decayed condition of the wooden box sewer, which was located about two feet below the surface, the city, if by the exercise of reasonable diligence it should have known of the defect, would be liable to the plaintiff whose due care is not questioned. In the exercise of reasonable diligence, on want of which the liability of cities and towns is made to depend under R. L. c. 51, §§ 1, 18, where it appears that natural causes are known, or from…
2Cases cited9 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Fleming v. City of SpringfieldMassachusetts Supreme Judicial Court · 1891
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Olson v. City of WorcesterMassachusetts Supreme Judicial Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City & County of Denver v. WillsonSupreme Court of Colorado · 1927
- Stone v. City of BostonMassachusetts Supreme Judicial Court · 1932
- Taylor v. Inhabitants of SterlingMassachusetts Supreme Judicial Court · 1924
- Daigneault v. Town of AuburnMassachusetts Supreme Judicial Court · 1970
- Jackson v. City of St. Louis ParkSupreme Court of Minnesota · 1961