Stone v. Inhabitants of Attleborough
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant town. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to show that Washington Street was the principal business street in that part of the defendant town called North Attleborough, and ran north and south; that on the westerly side of said street was a block of stores called Guild’s…
Read the full summary
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant town. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to show that Washington Street was the principal business street in that part of the defendant town called North Attleborough, and ran north and south; that on the westerly side of said street was a block of stores called Guild’s Block, about one hundred and fifty feet in length; that for the whole length of that building, and extending from it to…
1Opinion of the CourtMorton, C. J.
The accident to the plaintiff did not happen within the limits of a highway which the defendant was bound to keep in repair. The Pub. Sts. c. 49, § 95, have no application to the case. The cases of Stockwell v. Fitchburg, 110 Mass. 305, and Sullivan v. Boston, 126 Mass. 540, conclusively show that, for these reasons, the plaintiff cannot maintain this action.
Exceptions overruled.
2Cases cited2 opinions
- Stockwell v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
- Sullivan v. City of BostonMassachusetts Supreme Judicial Court · 1879
3Cited by15 opinions
- Kai Jakobsen v. Massachusetts Port AuthorityCourt of Appeals for the First Circuit · 1975
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
- Damon v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Abihider v. City of SpringfieldMassachusetts Supreme Judicial Court · 1931
10 more not listed; retrieve them via the Exa API.