Williams v. Inhabitants of Leyden
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries alleged to have been caused by a defect in a highway in the defendant town. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows; The plaintiffs’ evidence tended to show that they were driving in the evening, in a one horse carryall, on a highway which it was admitted the defendant town was bound to keep in repair ; that they were going in a southerly direction, up a hill, on a smooth…
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Tort to recover for personal injuries alleged to have been caused by a defect in a highway in the defendant town. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows; The plaintiffs’ evidence tended to show that they were driving in the evening, in a one horse carryall, on a highway which it was admitted the defendant town was bound to keep in repair ; that they were going in a southerly direction, up a hill, on a smooth road about fourteen feet wide; that on the easterly side of the road there was a bank wall about three feet and a half…
1Opinion of the CourtMorton, J.
The only question presented by this bill of exceptions is whether the presiding judge properly refused to give the instruction requested by the defendant.
There was evidence tending to show that, at the time of the accident, the plaintiffs were driving in a carryall; that the horse driven by them “ was one of a span of team horses, and had been accustomed to draw on the nigh side in double harness, and that he had never before been driven in the same carryall, though he had been driven in single harness; ” and the defendant asked the court to instruct the jury that “ if the horse was most…
2Cases cited1 opinion
- Sears v. Inhabitants of DennisMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
- Flagg v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1886
- McMahon v. Inhabitants of HarvardMassachusetts Supreme Judicial Court · 1912