Shea v. Inhabitants of Whitman
Massachusetts Supreme Judicial Court
Tort. Writ in the Superior Court for the county of Plymouth dated April 6, 1903. The declaration was as follows: “ And the plaintiff says that there is in the town of Whitman a public highway known as Temple street and leading from Dover street to South avenue, which said, defendant is bound to keep in repair so that it would be safe and convenient for travel, but the same was negligently suffered by the defendant to be out of repair, unsafe, and inconvenient, whereby the…
Read the full summary
Tort. Writ in the Superior Court for the county of Plymouth dated April 6, 1903. The declaration was as follows: “ And the plaintiff says that there is in the town of Whitman a public highway known as Temple street and leading from Dover street to South avenue, which said, defendant is bound to keep in repair so that it would be safe and convenient for travel, but the same was negligently suffered by the defendant to be out of repair, unsafe, and inconvenient, whereby the plaintiff, travelling thereon and using due care; was hurt, and due notice of the time, place, and cause was given to the…
1Opinion of the CourtHammond, J.
The plaintiff was right in his contention that the declaration was broad enough to cover the case of a defect in a highway consisting of a want of a suitable rail or barrier. Pub. Sts. c. 167, § 94, form, “ Negligence of Town.” R. L. c. 173, § 130. Alger v. Lowell, 3 Allen, 402. It was therefore unnecessary for him to amend.
The order directing a verdict for the defendant, however, was general and must stand, unless the plaintiff shows that the case should have been submitted to a jury. The plaintiff was injured by tripping over a stone. It was admitted that the stone was not within the limits…
2Cases cited3 opinions
- Damon v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1892
3Cited by9 opinions
- Birckhead v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
- Town of Elsmere v. TannerCourt of Appeals of Kentucky · 1914
- Haney v. Town of LincolntonSupreme Court of North Carolina · 1934
- Thompson v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Cumming v. Town of PlymouthMassachusetts Appeals Court · 1973
4 more not listed; retrieve them via the Exa API.