Raymond v. City of Haverhill
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff in consequence of a defect in a public way in the city of Haverhill. Trial in the Superior Court, before Sherman, J., who, after a verdict for the plaintiff, at the request of the defendant, reported the case for the determination of this court, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff in consequence of a defect in a public way in the city of Haverhill. Trial in the Superior Court, before Sherman, J., who, after a verdict for the plaintiff, at the request of the defendant, reported the case for the determination of this court, in substance as follows. The plaintiff introduced evidence tending to show that, on June 18, 1894, while travelling on a street in the defendant city, and while in the exercise of due care, she fell and received injuries in consequence of a defect in the sidewalk; that thereafter by reason of the…
1Opinion of the CourtField, C. J.
A majority of the court are of opinion that judgment should be entered for the smaller sum. In actions under Pub, Sts. c. 52, § 18, against towns and cities for injuries received in consequence of defects in public ways, the towns and cities are liable in damages only for the direct and immediate results of the injury. Harwood v. Lowell, 4 Cush. 310. Marble v. Worcester, 4 Gray, 395. Jenks v. Wilbraham, 11 Gray, 142.
The damage received by the plaintiff from undertaking to step from the chair to the settee on October 9,1894, when her right ankle failed to support her and she fell, is not a…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Wieting v. Town of MillstonWisconsin Supreme Court · 1890
3Cited by23 opinions
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Panagotopulos's CaseMassachusetts Supreme Judicial Court · 1931
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