Ghenn v. Inhabitants of Provincetown
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. e. 44, § 22, for personal injuries sustained by the female plaintiff while travelling on the sidewalk of a highway in Provincetown.
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Tort on the Gen. Sts. e. 44, § 22, for personal injuries sustained by the female plaintiff while travelling on the sidewalk of a highway in Provincetown. Trial and verdict for the plaintiffs, in the superior court, before Dewey, J., who allowed a bill of exceptions of which the following were all the parts relating to the questions which were argued in this court: “ Mrs. Ghenn testified that on the evening of May 14, 1869, as she was going from her shop to her home over the way, in passing over a plank sidewalk she stepped into a hole between the planks, turned her ankle, and received the…
1Opinion of the CourtMorton, J.
1. The first exception is to the admission of the testimony of the male plaintiff, as to holes in the sidewalk other than the one testified to by his wife as being in front of the house of Widow Eldridge Nickerson. We have not before us a report of the evidence at the trial, and it is difficult from the bill of exceptions to see the precise aspect of the case with reference to which this testimony was offered. It may have been offered upon the ground that the holes testified to by him were the defect which caused the injury, and that his wife was mistaken in its location. Such mistaken…
2Cases cited1 opinion
- Milk v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
- Dowd v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1874
- Mason v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1907
- Schroth v. City of PrescottWisconsin Supreme Court · 1887
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