Miller v. City of North Adams
Massachusetts Supreme Judicial Court
Tort, under Pub. Sts. c. 52, § 18, for personal injuries caused by an alleged defect in West Main Street, a highway of the defendant. Writ dated September 13, 1900. In the Superior Court Aiken, J. refused to make the rulings requested by the defendant. The jury returned a verdict for the plaintiff in the sum of $3,000; and the defendant alleged exceptions.
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Tort, under Pub. Sts. c. 52, § 18, for personal injuries caused by an alleged defect in West Main Street, a highway of the defendant. Writ dated September 13, 1900. In the Superior Court Aiken, J. refused to make the rulings requested by the defendant. The jury returned a verdict for the plaintiff in the sum of $3,000; and the defendant alleged exceptions. The case was submitted on briefs at the sitting of the court in October, 1902, and afterwards was submitted on briefs to all the justices.
1Opinion of the CourtMorton, J.
This is an action for personal injuries caused by • an alleged defect in a public highway in the defendant city. The* plaintiff’s horse broke through the roadway into a culvert which ran across the road," and the plaintiff was thrown from *570his carriage, and received the injuries complained of. There was a verdict for the plaintiff, and the case is here on exceptions taken by the defendant to the refusal of the judge to rule as requested, and to the admission of certain evidence.
The defendant had no actual notice of the defect before the accident, and the principal question is whether it had…
2Cases cited4 opinions
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1891
- Brummett v. City of BostonMassachusetts Supreme Judicial Court · 1901
- Rochefort v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1891
3Cited by9 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Curtin v. BenjaminMassachusetts Supreme Judicial Court · 1940
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Leslie v. GlazerMassachusetts Supreme Judicial Court · 1930
- Comerford v. City of BostonMassachusetts Supreme Judicial Court · 1905
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