Stevens v. Nichols
Massachusetts Supreme Judicial Court
Tort, to recover for injuries occasioned to the plaintiff by driving over a curbstone covered with snow in a private way eon trolled by the defendants. At the trial in the Superior Court, Mason, C. J., at the defendants’ request, ruled that, upon the pleadings and the plaintiff’s opening, he could not maintain the action, and ordered a verdict for the defendants; and the plaintiff alleged exceptions. The facts, so far as material to the points decided, appear in the opinion.
1Opinion of the CourtLathrop, J.
The declaration in this case, so far as material to the questions presented at the argument, alleged that the defendants on the day of the accident were, and had been for a long time, lessees and occupants of an estate on Atlantic Avenue in Boston; that the defendants maintained a way or street down by their premises, “ leading out of said Atlantic Avenue, and extending to other premises beyond; that said street was in all particulars like the public streets of the city of Boston, being paved with granite blocks, and having sidewalks, and to all appearances was a public thoroughfare; that the…
2Cases cited11 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Corrigan v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1868
- Hanks v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
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3Cited by45 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
40 more not listed; retrieve them via the Exa API.