Pinkham v. Topsfield
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. c. 44, § 22, for injuries alleged to have been received by the plaintiff through a defect in a highway which the defendants were bound to keep in repair.
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Tort on the Gen. Sts. c. 44, § 22, for injuries alleged to have been received by the plaintiff through a defect in a highway which the defendants were bound to keep in repair. Trial, and verdict for the plaintiff, in the superior court, before Putnam, J., who allowed a bill of exceptions substantially as follows : “ The plaintiff testified that he was employed to carry a load of furniture, weighing about a ton, on a wagon drawn by two aorses abreast, from Boston to Topsfield; that he started with the load from Boston on the morning of February 3, 1869, and arrived in Topsfield, at the place…
1Opinion of the CourtGray, J.
This court has held that the mere fact that a highway, of no unusual slope or construction, is slippery by reason of a smooth coating of ice, from whatever cause arising, does not constitute a defect or want of repair, for which a city or town is liable, under the highway act. Stanton v. Springfield, 12 Allen, 566. Hutchins v. Boston, Ib. 571 note. Nason v. Boston, 14 Allen, 508. Stone v. Hubbardston, 100 Mass. 49. Gilbert v. Roxbury, Ib. 185. Billings v. Worcester, 102 Mass 329.
But in delivering the judgment of the court in the leading case of Stanton v. Springfield, Mr. Justice Hoar said, “…
2Cases cited1 opinion
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Adams v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1888
- O'Donnell v. City of ButteMontana Supreme Court · 1922
- Fitzgerald v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1872
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