Inhabitants of Wakefield v. Wakefield Water Co.
Massachusetts Supreme Judicial Court
Tort for damages paid by the plaintiff town to one Susan M. Atherton for an injury from a defect in a sidewalk alleged to have been caused by the negligence of the defendant. Writ dated August 15,' 1900. The trial in the Superior Court before Sheldon, J., took the course described in the opinion. The jury returned a verdict for the defendant in the manner described in the opinion; and the plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
This is an action of tort to recover from the defendant company a sum of money paid by the plaintiff to one Atherton in settlement of a claim for damages resulting from an injury alleged to have been caused by a defect in or near a sidewalk in the town of Wakefield, which defect is alleged by the plaintiff to have been caused by the defendant. The payment was made without a trial, and without notice to this defendant that it might come in and defend the suit. At the trial of the present case the plaintiff contended that there *430was a defect in the highway from a depression in a concrete…
2Cited by8 opinions
- Duralith Corp. v. LeonardMassachusetts Supreme Judicial Court · 1931
- Pigeon v. W. P. Fuller & Co.California Supreme Court · 1909
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Bree v. JalbertNew Jersey Superior Court Appellate Division · 1965
- Reilly v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
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