Hawks v. Inhabitants of Northampton
Massachusetts Supreme Judicial Court
Tort under the Gen. Sts. c. 44, § 22, for a personal injury sustained by reason of an alleged defect in a highway in the defendant town.
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Tort under the Gen. Sts. c. 44, § 22, for a personal injury sustained by reason of an alleged defect in a highway in the defendant town. At the trial in the Superior Court, before Aldrich, J., there was evidence that the plaintiff was driving on Main Street in Northampton, across a railway track constructed in the wrought and travelled part of said street by the Northampton and Williamsburg Street Bailway Company, when one of the fore wheels of .his wagon was caught by one end of a guard rail in the track of the railway; that the wagon was suddenly stopped, the horses became detached, and the…
1Opinion of the CourtColt, J.
It is for the jury to say whether a guard rail, which is not a necessary part of a street railway, or which is improperly or insufficiently laid, or which has been loosened from its original position and fastenings, is a defect within the meaning of the statute which imposes upon towns the duty of keeping its highways in repair. If found by them to be a defect which has existed for twenty-four hours, or of which the town has been duly notified, then the town .is primarily liable for all injuries of which if is the sole cause.
This liability is imposed when, in the words of the statute, " other…
2Cases cited3 opinions
- City of Lowell v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1870
- Proprietors of Locks & Canals v. Lowell Horse RailroadMassachusetts Supreme Judicial Court · 1872
- Johnson v. Salem Turnpike & Chelsea Bridge Corp.Massachusetts Supreme Judicial Court · 1872
3Cited by9 opinions
- Meyer v. Veolia Energy North AmericaMassachusetts Supreme Judicial Court · 2019
- Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Noyes v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1888
- Leary v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
- Cammett v. City of HaverhillMassachusetts Supreme Judicial Court · 1908
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