Bennett v. City of Everett
Massachusetts Supreme Judicial Court
Tort against the city of Everett for personal injuries caused by an alleged defect in Waverley Street, a public highway of that city. Writ dated September 18, 1903. At the trial in the Superior Court before Hitchcock, J. it appeared that Waverley Street was a public highway in Everett and that due notice of the time, place and cause of the injury was given to the defendant.
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Tort against the city of Everett for personal injuries caused by an alleged defect in Waverley Street, a public highway of that city. Writ dated September 18, 1903. At the trial in the Superior Court before Hitchcock, J. it appeared that Waverley Street was a public highway in Everett and that due notice of the time, place and cause of the injury was given to the defendant. There was evidence that under authority of a permit obtained from the city a day or two before the accident one Henderson, a licensed drain layer, had opened a trench on the morning of the day of the accident for the…
1Opinion of the CourtSheldon, J.
There was sufficient evidence to be submitted to the jury of the plaintiff’s due care. Looking at the state of facts then existing, considering the'things which she saw and the inferences which she ought to have drawn from them, the jury were warranted in finding this issue in her favor. Indeed, the counsel for the defendant has made no argument against this proposition. So far as it depends upon this part of the case, the defendant’s exceptions cannot be sustained. Leonard v. Boston, 183 Mass. 68. O'Neil v. Hanscom, 175 Mass. 313. Fox v. Chelsea, 171 Mass. 297. McGuinness v. Worcester, 160…
2Cases cited14 opinions
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Norwood v. City of SomervilleMassachusetts Supreme Judicial Court · 1893
- McGuinness v. City of WorcesterMassachusetts Supreme Judicial Court · 1894
- Blessington v. City of BostonMassachusetts Supreme Judicial Court · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hynes v. BrewerMassachusetts Supreme Judicial Court · 1907
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Gallagher v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1908
- O'Neil v. City of ChelseaMassachusetts Supreme Judicial Court · 1911
- Cragg v. City of BostonMassachusetts Supreme Judicial Court · 1942
2 more not listed; retrieve them via the Exa API.