Legal Opinion

Hunt v. City of Salem

Massachusetts Supreme Judicial Court

Decided November 10, 1876PublishedCited by 9 opinions

Tobt for personal injuries occasioned by an alleged defect in a way in Salem called Front Street, which the defendant was bound to keep in repair.

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Tobt for personal injuries occasioned by an alleged defect in a way in Salem called Front Street, which the defendant was bound to keep in repair. Trial in the Superior Court, before .Pitman, J., who allowed a bill of exceptions in substance as follows: It appeared in evidence that there was at the time of the accident a semi-circular aperture or cellar way in the sidewalk of said street, about four and a half feet long and two feet wide at the widest part, which was covered by a grating. This grating was formed by iron bars running at right angles with the sidewalk, and distant from each…

1Opinion of the Court

By the Court.

The injury having happened while the plaintiff was moving onward, and all the attending circumstances being disclosed by his testimony, the questions whether, at the time, he was travelling upon the highway, and was using due care, were rightly submitted to the jury.

Exceptions overruled.

2Cited by9 opinions

  1. Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
  2. Reed v. City of MadisonWisconsin Supreme Court · 1892
  3. Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
  4. Gulline v. City of LowellMassachusetts Supreme Judicial Court · 1887
  5. Mobus v. Town of WaitsfieldSupreme Court of Vermont · 1902

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