Moynihan v. City of Holyoke
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, against the city of Holyoke for injuries alleged to have been caused by a defect in the sidewalk of Dwight Street, a public highway which the defendant was bound to keep in repair. Writ dated January 27, 1905. In the Superior Court the case was tried before Hitchcock, J. The character of the alleged defect is described in the opinion.
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Tort under R. L. c. 51, § 18, against the city of Holyoke for injuries alleged to have been caused by a defect in the sidewalk of Dwight Street, a public highway which the defendant was bound to keep in repair. Writ dated January 27, 1905. In the Superior Court the case was tried before Hitchcock, J. The character of the alleged defect is described in the opinion. The plaintiff testified that he had lived in Holyoke a long time; that he lived on Dwight Street; that he was going down Dwight Street to High Street on January 4,1905, about 8 A. M.; that when upon the sidewalk in question he fell…
1Opinion of the CourtKnowlton, C. J.
The plaintiff fell upon a sidewalk of the defendant city and was injured. The sidewalk was ten feet wide, and for about five feet of that width, next the McAuslan building, the surface was made partly of glass, commonly known as Hyatt lights, set in cement or concrete. There was evidence that this part of the walk was smooth and slippery at the time of the accident, some of the testimony tending to show that it had grown more smooth from the walking upon it after it was *28put in,, and other testimony tending to show that it was less smooth than when new. There was evidence that there was a…
2Cases cited3 opinions
- Dolan v. Boott Cotton MillsMassachusetts Supreme Judicial Court · 1904
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Cromarty v. City of BostonMassachusetts Supreme Judicial Court · 1879
3Cited by21 opinions
- McGee v. Adams Paper & Twine Co.Appellate Division of the Supreme Court of the State of New York · 1966
- Kelleher v. City of NewburyportMassachusetts Supreme Judicial Court · 1917
- Carney v. BereaultMassachusetts Supreme Judicial Court · 1965
- Bennett v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1914
- Marquis v. John Nesmith Real Estate Co.Massachusetts Supreme Judicial Court · 1938
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