Valvoline Oil Co. v. Inhabitants of Winthrop
Massachusetts Supreme Judicial Court
Tout under St. 1917, c. 344, Part IV, § 24, for damages caused to the plaintiff’s wagon when it struck a limb of a. tree permitted by the defendant to protrude over the travelled part of Hermon Street seven feet from the surface of the ground. Writ in the Municipal Court of the City of Boston dated January 7,1919. The facts found by the judge who heard the action in the Municipal Court are described in the opinion.
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Tout under St. 1917, c. 344, Part IV, § 24, for damages caused to the plaintiff’s wagon when it struck a limb of a. tree permitted by the defendant to protrude over the travelled part of Hermon Street seven feet from the surface of the ground. Writ in the Municipal Court of the City of Boston dated January 7,1919. The facts found by the judge who heard the action in the Municipal Court are described in the opinion. He refused to grant rulings, asked for by the defendant, in substance that upon the evidence and the law the plaintiff could not recover, and found for the plaintiff in the sum of…
1Opinion of the CourtCrosby, J.
This is an action to recover for damages to the plaintiff’s wagon caused by the top of it coming in contact with the limb of a tree growing within the limits of Hermon Street, a public way in Winthrop. The tree is on the sidewalk.
The street at that point is "twenty-six feet wide from curb to curb and forty feet wide from sidewalk to sidewalk." The outer edge of the trunk of the tree is within six inches of the roadway, over which no portion of the trunk extends. The limb in question reaches over the roadway and grows from the trunk about seven feet from the ground. The circumference of the…
2Cases cited12 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Embler v. . Town of WallkillNew York Court of Appeals · 1892
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