Clinton v. Inhabitants of Revere
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for personal injuries alleged to have been suffered by reason of a defect in a highway of the defendant called Broadway when the plaintiff was travelling thereon on a bicycle at about five or ten minutes after five o’clock in the afternoon of June 13, 1903. Writ dated July 14, 1903. At the trial in the Superior Court before Hardy, J. the facts appeared which are stated in substance in the opinion.
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Tort under R. L. c. 51, § 18, for personal injuries alleged to have been suffered by reason of a defect in a highway of the defendant called Broadway when the plaintiff was travelling thereon on a bicycle at about five or ten minutes after five o’clock in the afternoon of June 13, 1903. Writ dated July 14, 1903. At the trial in the Superior Court before Hardy, J. the facts appeared which are stated in substance in the opinion. At the close of the evidence the defendant asked the judge to give, among others, the following instructions: 2. If the jury find the fact to be that the plaintiff was…
1Opinion of the CourtBraley, J.
The first question is, whether there , was any evidence upon which the jury could find that the street was unsafe for the use of travellers in ordinary vehicles. Baker v. Fall River, 187 Mass. 53. It apparently was maintained with sidewalks, and in the roadway a double line of car tracks were laid. In their description of the alleged defect the plaintiff and his witnesses, whose testimony comprises all the evidence on this issue, differed only as to the depth of the gully. This depression, which extended along the street about eighteen inches from the curbstone, could be found to have been…
2Cases cited10 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Raymond v. City of HaverhillMassachusetts Supreme Judicial Court · 1897
- Block v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Feeley v. City of MelroseMassachusetts Supreme Judicial Court · 1910
- Howe v. City of BostonMassachusetts Supreme Judicial Court · 1942
- Guidi v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Carroll v. City of LowellMassachusetts Supreme Judicial Court · 1947
7 more not listed; retrieve them via the Exa API.