Carey v. Inhabitants of Hubbardston
Massachusetts Supreme Judicial Court
Two actions of tort, for personal injuries occasioned to the plaintiffs by reason of a defect in a highway in the defendant town.
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Two actions of tort, for personal injuries occasioned to the plaintiffs by reason of a defect in a highway in the defendant town. At the trial in the Superior Court, before Hopkins, J., there was evidence tending to show that the plaintiffs were driving to the right around a corner where two roads meet at right angles; that exactly at the vertex of this angle was a large stone, three feet long, two feet wide, and thirteen inches high, intended as a guard stone at the end of a culvert which ran under the road; that this stone was within from four to twelve inches of the travelled part of the…
1Opinion of the CourtHammond, J.
1. The question whether the photograph was properly verified, and also whether it was practically instructive to the jury, was to be determined by the presiding justice under the circumstances. Blair v. Pelham, 118 Mass. 420. Verran v. Baird, 150 Mass. 141. One photograph had been already introduced, and, although it did not show the appearance of the stone, the justice may have thought that the second photograph, which it was conceded did not show the' actual condition of the grass and weeds at the time of the accident, would be misleading rather than helpful. We see no ground for holding…
2Cases cited3 opinions
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Verran v. BairdMassachusetts Supreme Judicial Court · 1889
- Harwood v. Inhabitants of OakhamMassachusetts Supreme Judicial Court · 1890
3Cited by21 opinions
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- Nolte v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
- McKarren v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
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