Blood v. Inhabitants of Hubbardston
Massachusetts Supreme Judicial Court
Tort for injuries occasioned by an alleged defect in a highway, which the defendant town was bound to keep in repair. Trial in the Superior Court, before Grardner, J., who reported the case for the consideration of this court, in substance as follows : The plaintiff testified that the accident happened on August 21, 1873, on a road leading from Heald’s Village to the depot; that he drove over the road in the morning about eleven o’clock; that it began to rain soon after, and…
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Tort for injuries occasioned by an alleged defect in a highway, which the defendant town was bound to keep in repair. Trial in the Superior Court, before Grardner, J., who reported the case for the consideration of this court, in substance as follows : The plaintiff testified that the accident happened on August 21, 1873, on a road leading from Heald’s Village to the depot; that he drove over the road in the morning about eleven o’clock; that it began to rain soon after, and rained occasionally in the afternoon; that he started to drive back about four o’clock in the afternoon, in an open…
1Opinion of the CourtLord, J.
A new trial must be granted in this case, in order that the question may be submitted to the jury, whether the highway was defective when Waite, the surveyor of highways, left it, on the afternoon previous to the injury complained of; for if it was then defective, although, by the ordinary action of the elements, it would become and did become .more defective, the town had notice of the defect, and would be liable for damages caused by it. It is not necessary to consider whether the town would be liable for a new and different defect, at the spot where a previous defect existed, whether such…
2Cited by4 opinions
- Sporborg v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1929
- Sutherland v. StateNew York Court of Claims · 1947
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1878
- Hutchins v. Inhabitants of LittletonMassachusetts Supreme Judicial Court · 1878