Legal Opinion

Monies v. City of Lynn

Massachusetts Supreme Judicial Court

Decided January 8, 1877PublishedCited by 12 opinions

Tort for personal injuries occasioned by reason of an alleged defect in a highway; in the defendant city. After the former decision, reported 119 Mass. 273, the ease was tried in the Superior Court, before Pitman, J.; the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the substance if which appears in the opinion.

1Opinion of the CourtMorton, J.

The plaintiff was injured by falling into a hole in the sidewalk of a street, which the defendant was bound to keep in repair. There was no evidence that the hole had existed for more than twenty-four hours, or that the city had notice si its existence.

*443The evidence tended to show that, about two weeks before the accident, the city had dug a trench across the sidewalk in order to connect the waste-pipe of a private building with the main sewer in the street; that, after the pipe was laid, the trench was filled up, and the bricks of the sidewalk relaid; that the pavement of the gutter was not…

2Cases cited2 opinions

  1. Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
  2. Hodgkins v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1875

3Cited by12 opinions

  1. Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
  2. Ansell v. City of BostonMassachusetts Supreme Judicial Court · 1926
  3. Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
  4. Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
  5. Post v. City of BostonMassachusetts Supreme Judicial Court · 1886

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