Franklin v. City of Worcester
Massachusetts Supreme Judicial Court
Tort under R L. c. 51, § 18, for injuries alleged to have been caused by the plaintiff’s stepping upon the cover of a coal hole opposite a store on Main Street in Worcester, and by the cover slipping to one side because of a defective condition of which the defendant had notice or should have had notice.
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Tort under R L. c. 51, § 18, for injuries alleged to have been caused by the plaintiff’s stepping upon the cover of a coal hole opposite a store on Main Street in Worcester, and by the cover slipping to one side because of a defective condition of which the defendant had notice or should have had notice. Writ dated July 19,1907. The case was tried before Aiken, C. J. The material portions of the evidence were as follows: The plaintiff testified that on October 6, 1906, a rainy day when the sidewalk was very wet, she “ was walking along with my natural way as any one naturally would,” and that…
1Opinion of the CourtHammond, J.
This is a close case. Still a majority of the court think the evidence, although meagre, would warrant a finding that the stone into which the iron cover was set was worn so that the cover did not rest firmly upon it and was liable to be displaced when stepped upon in a certain manner; that the cover of the coal hole had been continuously in substantially this condition for two years before the accident to the plaintiff, and was dangerous to public travel, and that it was displaced by the plaintiff stepping upon it at the time of the accident. There was no evidence that during all that time…
2Cases cited3 opinions
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- McGaffigan v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Harrigan v. City of WorcesterMassachusetts Supreme Judicial Court · 1908
3Cited by4 opinions
- Central of Georgia Railway Co. v. GriffinCourt of Appeals of Georgia · 1926
- Cannon v. City of WorcesterMassachusetts Supreme Judicial Court · 1916
- Burke v. City of LynnMassachusetts Supreme Judicial Court · 1914
- Keating v. City of BostonMassachusetts Supreme Judicial Court · 1910