Baird v. Baptist Society
Massachusetts Supreme Judicial Court
Tort for expenses incurred by reason of personal injuries alleged to have been sustained by the plaintiff’s infant daughter as below set forth.
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Tort for expenses incurred by reason of personal injuries alleged to have been sustained by the plaintiff’s infant daughter as below set forth. Writ dated June 19, 1909. The declaration was as follows : “ The plaintiff says that the defendant is a religious society situated in Newburyport in said County of Essex; that on or about January 21, 1909, the plaintiff’s infant daughter Lucinda M. Baird, while walking by a church edifice, the property of the defendant, situated in Newburyport aforesaid, and while in the exercise of due care, was struck and thrown to the ground and rendered…
1Opinion of the CourtHammond, J.
The question is whether St. 1908, c. 305, applies to the case stated in the plaintiff’s declaration.
At the time of the passage of this statute there were two kinds of liability for damages suffered by a traveller through a defect in a public way, the one created by statute, the other existing at common law. The first was imposed upon only such parties as were charged by law with the duty of keeping the ways in proper condition, and was based upon a neglect to perform that duty. The second rested upon parties by whose acts, positive or negligent, a defect was created in the way. One of the…
2Cases cited1 opinion
- Gay v. City of CambridgeMassachusetts Supreme Judicial Court · 1880
3Cited by28 opinions
- Perry v. MedeirosMassachusetts Supreme Judicial Court · 1976
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
- Old Colony Railroad v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
- Godfrey v. Building CommissionerMassachusetts Supreme Judicial Court · 1928
- Pratt & Forrest Co. v. Strand Realty Co.Massachusetts Supreme Judicial Court · 1919
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