Legal Opinion

Lyman v. County of Hampshire

Massachusetts Supreme Judicial Court

Decided November 2, 1885PublishedCited by 11 opinions

Tort for personal injuries occasioned to the plaintiff, on November 8, 1881, by reason of a defect in the flooring of a bridge in Huntington, which was a county way. After the former decision, reported 138 Mass. 74, the case was tried in the Superior Court, before Barker, J. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtMorton, C. J.

The general laws provide that highways, town ways, and bridges shall be kept in repair at the expense of the town, city, or place in which they are situated, when “ other provision is not made therefor; ” and that any person injured by a defect therein may recover of the county, town, place, or persons by law obliged to repair the same, such damages as he has sustained thereby to his person or property. Gen. Sts. c. 44, §§ 1, 22; Pub. Sts. c. 52, §§ 1, 18.

The St. 1794, c. 30, which has not been repealed, provides, in the first section, that the justices of the Court of General Sessions of the…

2Cited by11 opinions

  1. Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
  2. Howard v. Tacoma School District No. 10Washington Supreme Court · 1915
  3. Redfield v. School District No. 3Washington Supreme Court · 1907
  4. Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
  5. Kirtley v. County of SpokaneWashington Supreme Court · 1898

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