Harwood v. Inhabitants of Oakham
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by reason of the want of a railing on a bridge at the side of a highway in the defendant town. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, which, so far as material to the point decided, is as follows.
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Tort for personal injuries occasioned to the plaintiff by reason of the want of a railing on a bridge at the side of a highway in the defendant town. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, which, so far as material to the point decided, is as follows. The plaintiff testified that at the time he was injured he was on his way from Coldbrook to Worcester with a drove of cattle; that the bridge in question, or culvert, was made of block stone covered with gravel, with faced abutments; that between rails marking on either side the limits of the travelled…
1Opinion of the CourtDevens, J.
We have assumed that the word “ traveller,” which is found in the statute, is not there used in any narrow or restricted sense, and that the highway is to be kept safe and convenient for all persons having occasion to pass over while engaged in any of the pursuits or duties of life. Blodgett v. Boston, 8 Allen, 237. If, therefore, the plaintiff was using that' portion of the highway which the defendant town was bound to keep in repair to aid his servant, who, while executing his orders, had fallen into the brook, he was doing so lawfully, and if *425injured, while exercising due care himself, by…
2Cases cited2 opinions
- Puffer v. Inhabitants of OrangeMassachusetts Supreme Judicial Court · 1877
- Barnes v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1884
3Cited by9 opinions
- Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Trum v. Town of PaxtonMassachusetts Supreme Judicial Court · 1952
- Carey v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1898
- Prince v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1909
- City of Whiting v. GrindleIndiana Court of Appeals · 1945
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