Stoddard v. Inhabitants of Winchester
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to the plaintiff’s horse, wagon, and harness by a defect in Lincoln Street in the defendant town. After the former decision, reported 154 Mass. 149, the case was tried in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for injuries occasioned to the plaintiff’s horse, wagon, and harness by a defect in Lincoln Street in the defendant town. After the former decision, reported 154 Mass. 149, the case was tried in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. It was admitted by the defendant that Lincoln Street was a public way, and duly accepted as such by the town at the annual March meeting in 1888; that the defendant was bound to keep the way in repair; and that notice of the time, place, and cause of the accident was duly served upon the defendant. It…
1Opinion of the CourtKnowlton, J.
In the opinion which was given in this case when it was first before us are these words: “ The fact that a road is so constructed that it is not likely to keep in good condition for a great length of time, will not impose liability on the town which is bound to keep it in repair, unless the danger is so imminent that it can fairly be said to show a want of reason*573able care and diligence to omit guarding against it at once.” Stoddard v. Winchester, 154 Mass. 149.
There was abundant evidence to warrant the jury in finding the road defective within the principle thus stated. The accident occurred…
2Cases cited5 opinions
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1891
- Olson v. City of WorcesterMassachusetts Supreme Judicial Court · 1886
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1877
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1878
3Cited by22 opinions
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. SnyderMassachusetts Supreme Judicial Court · 1933
- Commonwealth v. ReillyMassachusetts Supreme Judicial Court · 1924
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