Morse v. City of Boston
Massachusetts Supreme Judicial Court
Tort, by Mary M. Morse and her husband, on the Gen. Sts'. c. 44, § 22, for injuries sustained by the female plaintiff through falling on a sidewalk in Webster Street in East Boston, which the defendants were bound to keep in repair. At the second trial in this court, before Colt, J., the jury found for the plaintiffs, and the defendants alleged exceptions.
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Tort, by Mary M. Morse and her husband, on the Gen. Sts'. c. 44, § 22, for injuries sustained by the female plaintiff through falling on a sidewalk in Webster Street in East Boston, which the defendants were bound to keep in repair. At the second trial in this court, before Colt, J., the jury found for the plaintiffs, and the defendants alleged exceptions. The bill of exceptions set forth all the testimony at the trial, and that of the female plaintiff as follows : On her direct examination : “ I am sixty years old. The accident happened on my return from church. Charles [her son] was with…
1Opinion of the CourtChapman, C. J.
The only question reserved is, whether the presiding justice erred in refusing to direct the jury to return a verdict for the defendants on the ground that the whole evidence showed that the plaintiffs had failed to prove a case, or to show a defect in the highway for which the defendants are responsible, or to show that' the female plaintiff was in the exercise of due care, or which would justify them in finding a verdict for the plaintiffs. In other respects, his instructions were not excepted to.
There is positive evidence that the female plaintiff used due care; and that point is not…
2Cases cited1 opinion
- Street v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
3Cited by10 opinions
- Kai Jakobsen v. Massachusetts Port AuthorityCourt of Appeals for the First Circuit · 1975
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Cromarty v. City of BostonMassachusetts Supreme Judicial Court · 1879
- Cloughessey v. City of WaterburySupreme Court of Connecticut · 1884
- Scoville v. Salt Lake CityUtah Supreme Court · 1895
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