Legal Opinion

Doherty v. Inhabitants of Ayer

Massachusetts Supreme Judicial Court

Decided February 24, 1908PublishedCited by 51 opinions

Tort under R. L. c. 51, § 18, for damage to the plaintiff’s automobile alleged to have been caused by a defect in Sandy Point Road in the defendant town, which the defendant was bound to keep in repair. Writ in the Superior Court for the county of Middlesex dated June 23,1906. There was a trial before Stevens, J. The facts in evidence are stated in the opinion.

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Tort under R. L. c. 51, § 18, for damage to the plaintiff’s automobile alleged to have been caused by a defect in Sandy Point Road in the defendant town, which the defendant was bound to keep in repair. Writ in the Superior Court for the county of Middlesex dated June 23,1906. There was a trial before Stevens, J. The facts in evidence are stated in the opinion. No evidence was introduced by the plaintiff or defendant • showing whether or not the plaintiff was licensed to operate an automobile upon the public highways, or whether his automobile was registered, according to the requirements of…

1Opinion of the CourtKnowlton, C. J.

This action was brought to recover for damage to the plaintiff’s automobile, alleged to have been caused by a defect in a highway which the defendant was bound to keep in repair. The road at the place of the accident was being reconstructed by the Lowell and Fitchburg Street Railway Company, which was preparing to lay a track on a location partly within the highway on its southerly side and partly on private land outside of it. There was a fence on the north side of the road, but no fence or wall on the southerly side. The old travelled way, before the work of reconstruction began, was from…

2Cases cited16 opinions

  1. Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
  2. Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
  3. Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
  4. Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
  5. Damon v. City of BostonMassachusetts Supreme Judicial Court · 1889

11 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
  2. Field v. GowdyMassachusetts Supreme Judicial Court · 1908
  3. Duffy v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1919
  4. Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
  5. Gilman v. Central Vermont Railway Co.Supreme Court of Vermont · 1919

46 more not listed; retrieve them via the Exa API.

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