Spillane v. City of Fitchburg
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff through-an alleged defect in a highway in the defendant city. Trial in the Superior Court, before Maynard, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged-exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries alleged to have been suffered by the plaintiff in consequence of a defect in the highway. At the trial the judge took the case from the jury, and the main question raised by the plaintiff’s exceptions is whether he was right in doing so. The place of the accident was at the corner of a sidewalk where two streets met. Under the corner was a semicircular hole in the side of the curbstone, of the shape familiar in our streets for an opening into a catch basin, and seven and one half inches high at its highest point. In front of this, on the main surface of…
2Cases cited6 opinions
- Edwards v. City of WorcesterMassachusetts Supreme Judicial Court · 1898
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Randall v. Eastern RailroadMassachusetts Supreme Judicial Court · 1871
- Lyon v. City of CambridgeMassachusetts Supreme Judicial Court · 1884
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Graham v. City of ChicagoIllinois Supreme Court · 1931
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Dillon v. Town of FraminghamMassachusetts Supreme Judicial Court · 1934
- Aiken v. City of ColumbusIndiana Supreme Court · 1906
- Meehan v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1904
8 more not listed; retrieve them via the Exa API.