Squires v. Inhabitants of Amherst
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in Amherst. Answer; 1. A general denial. 2. Accord and satisfaction.
Read the full summary
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in Amherst. Answer; 1. A general denial. 2. Accord and satisfaction. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that he received personal injuries, and that damage was done to his horse, wagon, and harness, on the evening of December 31, 1885, by the horse and wagon going off the end of a culvert, by reason of the lack of a railing on a way in the defendant town, which it was bound to keep in repair. On cross-examination, the…
1Opinion of the CourtField, J.
In an action at law in this Commonwealth, the written paper put in evidence by the defendant is regarded not only as a receipt acknowledging the payment of money, but as an agreement that the money is received in full payment of all demands for damages sustained by reason of the defect in the highway complained of; and, so far as the written paper contains an agreement, it cannot be varied or controlled by evidence of an oral agreement made contemporaneously with it, and inconsistent with its terms. Brown v. Cambridge, 3 Allen, 474. Curley v. Harris, 11 Allen, 112. Goss v. Ellison, 136 Mass.…
2Cases cited3 opinions
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- Goss v. EllisonMassachusetts Supreme Judicial Court · 1884
- Osborn v. Martha's Vineyard RailroadMassachusetts Supreme Judicial Court · 1886
3Cited by20 opinions
- Lee v. Allied Sports Associates, Inc.Massachusetts Supreme Judicial Court · 1965
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- Rosenblatt v. Holstein Rubber Co.Massachusetts Supreme Judicial Court · 1933
15 more not listed; retrieve them via the Exa API.