L'Homme v. Town of Winchendon

This is an action under G. L. c. 84, § 15, to recover for bodily injury sustained in Winchendon on July 3, 1929, when the automobile in which the plaintiff was a guest overturned in a ditch twenty-two feet wide and six feet deep, extending across a highway. For the meaning of the word “highway,” see Boston & Albany Railroad v. Boston, 140 Mass. 87; Wood v. Concord, 268 Mass. 185. The trial judge found for the defendant, and the case comes here on the plaintiff’s exceptions.

The ditch was dug by the town in 1926, across the highway at a place where it formed a bend or arc. We shall speak of…