Legal Opinion

Calkins v. City of Springfield

Massachusetts Supreme Judicial Court

Decided October 23, 1896PublishedCited by 6 opinions

Tort, for personal injuries occasioned to the plaintiff while walking on the sidewalk on Dale Street in the defendant city. The notice to the defendant stated that the cause of the injury was that “ the sidewalk was uneven, irregular, and in a depressed condition, was coated with ice and snow, was rough, hubhly, slippery, and unsafe, by reason of which she fell.”

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Tort, for personal injuries occasioned to the plaintiff while walking on the sidewalk on Dale Street in the defendant city. The notice to the defendant stated that the cause of the injury was that “ the sidewalk was uneven, irregular, and in a depressed condition, was coated with ice and snow, was rough, hubhly, slippery, and unsafe, by reason of which she fell.” At the trial in the Superior Court, before Dewey, J., there was evidence tending to show that in the afternoon of January 23, 1895, the plaintiff was coming from her home to South Main Street, passing through Dale Street; that when…

1Opinion of the CourtField, C. J.

The question of the due care of the plaintiff on the evidence was for the jury. Fuller v. Hyde Park, 162 Mass. 51. George v. Haverhill, 110 Mass. 506.

Exceptions overruled.

2Cases cited2 opinions

  1. George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
  2. Fuller v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1894

3Cited by6 opinions

  1. Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
  2. McBrayer v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1911
  3. Welsh v. Inhabitants of AmesburyMassachusetts Supreme Judicial Court · 1898
  4. Strauss v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913
  5. Dawson v. Gluck MillsSupreme Court of South Carolina · 1931

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