Berrenberg v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in Perkins Street in the defendant city. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: There was evidence on the part of the plaintiff that the injury was caused by ridges of ice, five or six inches high, on the inner side of a sidewalk, substantially level on either side of said ridges, over which she was walking with due care on February 11,…
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Tort for personal injuries occasioned to the plaintiff by a defect in Perkins Street in the defendant city. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: There was evidence on the part of the plaintiff that the injury was caused by ridges of ice, five or six inches high, on the inner side of a sidewalk, substantially level on either side of said ridges, over which she was walking with due care on February 11, 1883; that said ridges were caused by water or melted snow, frozen on the sidewalk, as it flowed thereupon from higher…
1Opinion of the CourtC. Allen, J.
The bill of exceptions does not undertake to give all the evidence in the case, nor to state the grounds upon which the evidence now in question was admitted, nor to show with what instructions it was submitted to the jury; and we have only to consider whether it was competent in any aspect. For the purpose of corroborating direct evidence that large ridges of ice were found upon the sidewalk at a particular place and upon a particular day, if that fact was in controversy, other evidence would be admissible to show that the situation of the sidewalk with reference to the adjacent land was…
2Cases cited2 opinions
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- Fitzgerald v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1872
3Cited by10 opinions
- St. Louis & S. F. R. Co. v. HartSupreme Court of Oklahoma · 1914
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
- Allan v. Essanee, Inc.Massachusetts Supreme Judicial Court · 1941
- Worrell v. Baldwin Chain & Manufacturing Co.Massachusetts Supreme Judicial Court · 1916
- Golly v. KinerNorth Dakota Supreme Court · 1923
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