Weare v. Inhabitants of Fitchburg
Massachusetts Supreme Judicial Court
Tobt, under the Gen. Sts. c. 44, § 22, by Joseph Weare and Augusta A. Weare, his wife, to recover for personal injuries to her, alleged to have been occasioned by a defect in Milk Street in Fitchburg, on which she was travelling, and which the defendants were bound to keep in repair.
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Tobt, under the Gen. Sts. c. 44, § 22, by Joseph Weare and Augusta A. Weare, his wife, to recover for personal injuries to her, alleged to have been occasioned by a defect in Milk Street in Fitchburg, on which she was travelling, and which the defendants were bound to keep in repair. Writ dated July 11, 1871. Trial in the Superior Court, before Devens, J., who made a report of the case for the determination of this court, of which the material parts were as follows: “ It was admitted that Milk Street was a way the defendants were obliged to maintain. It appeared from the plaintiff’s evidence…
1Opinion of the CourtAmes, J.
It was admitted at the trial that Milk Street was a way which the town was obliged to maintain and keep in repair. The facts as presented by the plaintiffs were substantially these, namely, that within the limits of the way, as laid out, was a smooth, level sidewalk, about four feet in width, for the extent of about a quarter of a mile, separated from the carriageway only by a narrow watercourse or gutter, and about on a level with the carriageway; that this sidewalk was worn hard and smooth by foot travel, and was only distinguishable from the carriageway by the watercourse, or slight…
2Cases cited3 opinions
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
3Cited by23 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Kelly v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1888
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