Eklon v. City of Chelsea
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for personal injuries sustained by the plaintiff on July 3, 1912, by reason of a defect in the curbing of a sidewalk in Broadway, a public highway of the defendant. Writ dated February 4, 1913. In the Superior Court the case was tried before White, J. The evidence upon the only point now material is described in the .opinion.
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Tort under R. L. c. 51, § 18, for personal injuries sustained by the plaintiff on July 3, 1912, by reason of a defect in the curbing of a sidewalk in Broadway, a public highway of the defendant. Writ dated February 4, 1913. In the Superior Court the case was tried before White, J. The evidence upon the only point now material is described in the .opinion. The judge, as stated in his report, “ submitted to the jury three questions and stated to them that this was not a case in which they were to render a verdict for the plaintiff or for the defendant, but they were to treat the case, so far as…
1Opinion of the CourtRugg, C. J.
This is an action to recover damages for injuries sustained by a traveller at a place alleged to be a public way in the defendant city. The only question is, whether as matter of law the place where the plaintiff was hurt was within a public way. The pertinent facts are that in 1871 that place was within the limits of a highway called Broadway, which then was widened so as to include it. The city of Chelsea seasonably accepted St. 1892, c. 325, whereby it was authorized “to use so much of Broad*215way square in said city as may be necessary for the purposes of a parkway or park.” In July, 1896,…
2Cases cited2 opinions
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- Bryant v. City of PittsfieldMassachusetts Supreme Judicial Court · 1908
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