Legal Opinion

Rooney v. Inhabitants of Randolph

Massachusetts Supreme Judicial Court

Decided June 30, 1880PublishedCited by 15 opinions

Tort for injuries to the plaintiff’s carriage, alleged to have been caused, on February 17,1878, by a defect in a highway in the defendant town. At the trial in the Superior Court, before Bacon, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtColt, J.

Before the St. of 1877, e. 234, was passed, it was enough for the plaintiff, in actions to recover for injuries caused by defects in the highway, to prove that the injury complained of was caused by a defect which had existed for the requisite time, without reference to the question whether its existence or continuance could have been reasonably prevented. The statutes did not attempt to define what constituted a defect. The requirement was that all highways should be made safe and convenient for travellers at all times ; and the question submitted to the jury was whether the defect in…

2Cases cited1 opinion

  1. George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872

3Cited by15 opinions

  1. Blessington v. City of BostonMassachusetts Supreme Judicial Court · 1891
  2. Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
  3. O'Brien v. City of WoburnMassachusetts Supreme Judicial Court · 1904
  4. Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
  5. Stone v. City of BostonMassachusetts Supreme Judicial Court · 1932

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