Tuttle v. City of Lawrence
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned by an alleged defect in a public street in Lawrence, called Essex Street, which the defendant was bound to keep in repair.
Read the full summary
Tort for personal injuries occasioned by an alleged defect in a public street in Lawrence, called Essex Street, which the defendant was bound to keep in repair. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defect complained of was caused by the Merrimack Horse Railroad Company having laid tracks, under its charter and with the consent of the city of Lawrence, through Essex Street, said defect consisting of an excavation in the snow, caused by ploughing out the snow over said tracks for the purpose of running the cars of…
1Opinion of the CourtEndicott, J.
A city ordinance, prohibiting the driving of any vehicle in the streets of the city at a greater rate of speed than six miles an hour, is binding upon all persons driving within the city, as any statute or other law of the Commonwealth ; and to drive faster than the prescribed rate is a violation of law. Heland v. Lowell, 3 Allen, 407. It appearing in this case that the city of Lawrence had passed such an ordinance, it was incumbent on the plaintiff to show that she was not violating it. If at the time of the accident she was doing an unlawful act, and that unlawful act contributed to cause…
2Cases cited1 opinion
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
3Cited by17 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Olson v. ElaMassachusetts Appeals Court · 1979
- Weaver v. BishopSupreme Court of Oklahoma · 1935
- Shelley v. City of AustinTexas Supreme Court · 1889
- Ansell v. City of BostonMassachusetts Supreme Judicial Court · 1926
12 more not listed; retrieve them via the Exa API.