Brookhouse v. Union Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries. The declaration alleged that the defendant corporation, on May 14, 1879, owned or leased, and maintained and operated, a street railway and the tracks thereof, on and over an unpaved street, called Cambridge Street, in that part of Boston formerly Brighton; that the defendant was bound to keep in repair and free from any defect said tracks and the portion of said street occupied thereby, and eighteen inches on each side thereof; that the same were…
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Tort for personal injuries. The declaration alleged that the defendant corporation, on May 14, 1879, owned or leased, and maintained and operated, a street railway and the tracks thereof, on and over an unpaved street, called Cambridge Street, in that part of Boston formerly Brighton; that the defendant was bound to keep in repair and free from any defect said tracks and the portion of said street occupied thereby, and eighteen inches on each side thereof; that the same were negligently suffered by the defendant to be defective and out of repair; and that the defendant, by its agents and…
1Opinion of the CourtEndicott, J.
By the provisions of the Gen. Sts. c. 44, § 22, any person injured by a defect or want of repair in a highway may recover of the county, town, place or person by law obliged to repair the same, for any damage occasioned by the defect or want of repair, if such county, town, place or person had notice of the defect or want of repair, or if the same had existed for twenty-four hours previous to the occurrence of the injury or damage. Under this section it has been repeatedly held that, i£ a highway is not safe and convenient for travellers, and if a defect or want of repair therein had existed…
2Cases cited6 opinions
- United States v. AmedySupreme Court of the United States · 1826
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Dickie v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1881
- Osgood v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1881
- Hawks v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- McMahon v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1906
- Dobbins v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Berlandi v. Union Freight RailroadMassachusetts Supreme Judicial Court · 1938
- Albion National Bank v. MontgomeryNebraska Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.