Clark v. Inhabitants of Waltham
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while travelling on a public common, with footways, in the defendant town, which it was alleged the defendant had negligently suffered to be out of repair and unsafe.
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Tort for personal injuries received by the plaintiff while travelling on a public common, with footways, in the defendant town, which it was alleged the defendant had negligently suffered to be out of repair and unsafe. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The defendant derived title to the common, including also the land on which Rumford Hall stands, by two deeds from the Boston Manufacturing Company. The first deed, dated June 19, 1854, is an ordinary deed, with no conditions, and…
1Opinion of the CourtMorton, J.
The plaintiff was injured while travelling upon a public park having footpaths across it, which, it is alleged, the defendant had negligently suffered to be out of repair and unsafe. The park was conveyed to the town upon the condition that it should “ forever after be kept open as and for a common for the use of said inhabitants of the town of Waltham.” By accepting the deeds of conveyance, the town agreed to the condition, and therefore holds the park for the use of the public. It had constructed footpaths and walks over the park in various directions, but these paths were not a part of the…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Gould v. City of BostonMassachusetts Supreme Judicial Court · 1876
3Cited by24 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
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