Jones v. Collins
Massachusetts Supreme Judicial Court
Tort, against Michael J. Collins and Benjamin A. Ham, contractors, to recover for personal injuries alleged to have been caused by falling over an iron pipe or water shut-off, protruding through ground which was being prepared for the construction of a sidewalk, on an extension of Columbus Avenue then in process of construction in that part of the city of Boston called Roxbury.
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Tort, against Michael J. Collins and Benjamin A. Ham, contractors, to recover for personal injuries alleged to have been caused by falling over an iron pipe or water shut-off, protruding through ground which was being prepared for the construction of a sidewalk, on an extension of Columbus Avenue then in process of construction in that part of the city of Boston called Roxbury. Writ dated November 14, 1896. At the trial in the Superior Court, before Richardson, J., the defendants, at the conclusion of the evidence, requested the judge to rule that upon all the evidence the plaintiff could not…
1Opinion of the CourtBarker, J.
In the summer of 1896 an extension of Columbus Avenue in Boston, one hundred feet in width, was laid out as a public street. Included in the limits of the laying out was Seaver Street, a public way, forty feet wide. The construction of the new street involved the tearing up of the whole surface of Seaver Street, as well as of the rest of the new street. The defendants, under a contract with the city began about the last of August to construct the new street. This work had not been completed when the plaintiff was hurt, on the nineteenth of the following September, by falling over a water…
2Cited by23 opinions
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Carter v. FranklinSupreme Court of Alabama · 1937
- Imogene Driver v. Worth Construction Co.Texas Supreme Court · 1954
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
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