Tilton v. Inhabitants of Wenham
Massachusetts Supreme Judicial Court
Three actions oe tort, the first two being for personal injuries occasioned to the plaintiffs respectively by an alleged defect in a highway in the defendant town ; and the third being for injury to the plaintiff’s property from the same cause. The cases were tried together in the Superior Court, before Bishop, J., who directed the jury to return a verdict for the defendant in each case; and the plaintiffs alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
These are actions to recover for injuries to person and property caused by an alleged defect in the highway. The way in question was Main Street in Wenham. There was evidence that it was a highway by prescription, but its width did not appear unless by presumption, and it was admitted by the plaintiffs that the road did not extend to the fences on the sides. Beside the point where the accident happened was a muddy place with standing water, and travel had turned to the easterly side of the road over the grass to such an extent that a strip three or four feet wide was worn bare, and looked…
2Cases cited13 opinions
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Weare v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
- Bumpus v. MillerMichigan Supreme Court · 1856
- Davis v. City of ClintonSupreme Court of Iowa · 1882
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3Cited by5 opinions
- Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
- Barron v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1912
- Baxter v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Bennett v. Illinois Power & Light Corp.Appellate Court of Illinois · 1933
- Whittington v. County Court of Jefferson CountyWest Virginia Supreme Court · 1916