D'Amico v. City of Boston
Massachusetts Supreme Judicial Court
Toet, for personal injuries occasioned to the plaintiff by a defect in a way in Southborough which the defendant city was alleged to be bound to keep in repair. Trial in the Superior Court, before Blodgett, 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 CourtLoring, J.
We are of opinion that the ruling directing a verdict for the defendant was wrong. The city of Boston had taken by right'of emineht domain a large tract of land in South-borough for the purpose of constructing on it a water basin in connection with its water supply. A portion of the highways which had been laid out through this tract of land before it was taken by the city were discontinued, and among others the way on which the plaintiff was driving, when the accident occurred causing the injuries complained of in this action. The city had made a contract with the town of Southborough to do…
2Cases cited3 opinions
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
3Cited by11 opinions
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Western Salt Co. v. City of San DiegoCalifornia Supreme Court · 1919
- Borski v. City of WakefieldMichigan Supreme Court · 1927
- Frasch v. City of New UlmSupreme Court of Minnesota · 1915
- O'Neil v. City of RichmondSupreme Court of Virginia · 1925
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