Woods v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by reason of a defect in a highway, which the defendant was bound to keep in repair.
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Tort for personal injuries sustained by reason of a defect in a highway, which the defendant was bound to keep in repair. At the trial in this court, before Lord, J., it appeared that, at the time of the accident, the plaintiff, who lived in East Boston, was walking, on her way to take the ferry at the foot of Eastern Avenue; that she came down Fleet Street, crossed Commercial Street, and stepped upon the brick sidewalk at or near the corner of Eastern Avenue ; that she then thought she saw her husband upon Commercial Street in a northerly direction, and took a few steps upon Commercial…
1Opinion of the CourtEndicott, J.
The surrounding circumstances, and the conduct of the plaintiff at the time she stepped into the hole in the sidewalk, were fully disclosed by the evidence. It cannot be said to appear conclusively that she was careless, because she failed to keep her eyes constantly upon the sidewalk before her. Whether she was in the exercise of that due care which persons of common prudence would exercise under like circumstances, was properly submitted to the jury. Mayo v. Boston & Maine Railroad, 104 Mass. 137. French v. Taunton Branch Railroad, 116 Mass. 537. Hill v. Seekonk, 119 Mass. 85. Hunt v.…
2Cases cited3 opinions
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Hill v. Inhabitants of SeekonkMassachusetts Supreme Judicial Court · 1875
3Cited by19 opinions
- Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
- Keith v. Worcester & Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Feeley v. City of MelroseMassachusetts Supreme Judicial Court · 1910
- Town of Argos v. HarleyIndiana Court of Appeals · 1943
- Stephens v. City of MaconSupreme Court of Missouri · 1884
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