Legal Opinion

Torphy v. City of Fall River

Massachusetts Supreme Judicial Court

Decided June 9, 1905PublishedCited by 27 opinions

Tort, by a woman about fifty years of age, living on Ballard Street in Fall River, for injuries from falling into an unguarded trench in that highway, when returning to her house at about a quarter past eight o’clock on the evening of November 10,1902. Writ dated November 26, 1902. At the trial in the Superior Court Schofield, J. refused to order a verdict for the defendant or to make certain rulings requested by the defendant.

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Tort, by a woman about fifty years of age, living on Ballard Street in Fall River, for injuries from falling into an unguarded trench in that highway, when returning to her house at about a quarter past eight o’clock on the evening of November 10,1902. Writ dated November 26, 1902. At the trial in the Superior Court Schofield, J. refused to order a verdict for the defendant or to make certain rulings requested by the defendant. He submitted the case to the jury, who returned a verdict for the plaintiff in the sum of $1,200. The defendant alleged exceptions, raising the questions stated in the…

1Opinion of the CourtBraley, J.

In the separation of grades under the provisions of St. 1900, c. 472, to carry out the report of the commissioners, it became necessary during the progress of the work temporarily to close certain of the public ways of the city. For this purpose a general order had been passed by the city council authorizing the mayor to designate in writing these streets, and to fix the length of- time, and the conditions under which they should remain closed. Acting under this order, he authorized the railroad company, which was required to perform the work, to close a part of Ballard Street in which the…

2Cases cited13 opinions

  1. New England Telephone & Telegraph Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1903
  2. Kelly v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1888
  3. Norwood v. City of SomervilleMassachusetts Supreme Judicial Court · 1893
  4. Compton v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1901
  5. Jones v. CollinsMassachusetts Supreme Judicial Court · 1901

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3Cited by27 opinions

  1. Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
  2. Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
  3. Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
  4. Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
  5. Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906

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