McGuinness v. City of Worcester
Massachusetts Supreme Judicial Court
Tort, for perspnal injuries occasioned to the plaintiff by reason of an alleged defect of uneven ice and snow upon the sidewalk of a street of the defendant city. At the trial in the Superior Court, before Hopkins, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
The defendant’s counsel having argued to the jury that the plaintiff could not maintain her action because she admitted in her testimony that she knew of the defect and concluded to take her risk, her own counsel asked the court to rule that, if she “ saw the ice before crossing it and did not fully comprehend the danger by reason of the fact that it was not light, or otherwise, she would not be precluded from recovering.” The court gave the ruling in the words of the request, but supplemented it by further instructions, to which the plaintiff excepted, and the first question raised is…
2Cases cited15 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Thomas v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1868
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3Cited by21 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
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- Agnew v. FranksMassachusetts Supreme Judicial Court · 1926
- Naze v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1924
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