Wright v. City of Chelsea
Massachusetts Supreme Judicial Court
Two actions OF tort, each against the city of Chelsea, for personal injuries alleged to have been sustained by the respective plaintiffs on October 8, 1907, on a public highway of the defendant called Sixth Street, from the falling upon the plaintiffs of a large limb of a tree that long had been in a dangerous condition, of which the defendant had notice.
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Two actions OF tort, each against the city of Chelsea, for personal injuries alleged to have been sustained by the respective plaintiffs on October 8, 1907, on a public highway of the defendant called Sixth Street, from the falling upon the plaintiffs of a large limb of a tree that long had been in a dangerous condition, of which the defendant had notice. Writs in the Municipal Court of the city of Boston dated January 14,1908. On appeal to the Superior Court the cases were tried togetlier before Sanderson, J. There was evidence warranting the finding of the facts which are stated in the…
1Opinion of the CourtRuGG, J.
These are actions to recover for injuries received by the plaintiffs while travelling upon a public way in the defendant city by the fall of a limb of a shade tree which stood within the limits of a public way, and which had been for more than thirty years under the care of the defendant.
There was evidence sufficient to support a finding that the plaintiffs were in the exercise of due care, and that the limb had been so dangerous by reason of decay and consequent liability to be blown down by ordinary winds as to attract attention for more than a year. While the declaration might have been…
2Cases cited7 opinions
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
- Nestor v. City of Fall RiverMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. ByardMassachusetts Supreme Judicial Court · 1908
- Washburn v. Inhabitants of EastonMassachusetts Supreme Judicial Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917
- Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
- Valvoline Oil Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1920
- Zacharias v. NesbittSupreme Court of Minnesota · 1921
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