Gower v. Town of Saugus

At about 8 p.m. on September 26, 1940, the plaintiff, while walking across a bridge over “a small stream” on “Bridge Street” in the defendant town, stepped into a hole in the bridge and was injured. The plaintiff brought this action on three counts. The first count, under G. L. (Ter. Ed.) c. 84, § 15, alleged that “Bridge Street” was a public highway which the defendant was bound to keep in repair, and that the plaintiff had been injured by reason of a defect therein “negligently suffered” by the defendant. The second count was based upon c. 84, § 25, which provides that a defendant who has…