Cromarty v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in Tremont Street in the defendant city. Answer, a general denial.
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Tort for personal injuries occasioned to the plaintiff by a defect in Tremont Street in the defendant city. Answer, a general denial. Trial in this court, before Lord, J., who reported the case for the consideration of the full court in substance as follows: The plaintiff offered to prove that Tremont Street was a public highway, with sidewalks for travel by people on foot, which sidewalks the defendant was bound to keep in repair, and safe and convenient for persons travelling thereon; that that part of the sidewalk adjacent to the shop numbered 55 on said street, covered by one of Hyatt’s…
1Opinion of the CourtSoule, J.
This case presents the single question whether the evidence offered, if admitted, would have warranted the jury in finding that the sidewalk on which the plaintiff fell was out of repair or defective within the meaning of the Gen. Sts. o. 44, § 22. In other words, can we say, as matter of law, that the plaintiff offered no evidence of a defect in the walk ?
It is to be remembered that the question of due care on the part of the city of Boston is not involved. The liability of cities for defects in highways is created wholly by the statute, and, if the defect has existed for twenty-four hours,…
2Cases cited4 opinions
- Luther v. City of WorcesterMassachusetts Supreme Judicial Court · 1867
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Fitzgerald v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1872
- Morse v. City of BostonMassachusetts Supreme Judicial Court · 1872
3Cited by29 opinions
- Kelleher v. City of NewburyportMassachusetts Supreme Judicial Court · 1917
- Magaha v. Mayor of HagerstownCourt of Appeals of Maryland · 1902
- Shrigley v. Boston Symphony Orchestra, Inc.Massachusetts Supreme Judicial Court · 1934
- Cloughessey v. City of WaterburySupreme Court of Connecticut · 1884
- Howe v. City of BostonMassachusetts Supreme Judicial Court · 1942
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