Legal Opinion

Mello v. City of Peabody

Massachusetts Supreme Judicial Court

Decided February 28, 1940PublishedCited by 24 opinions

1Opinion of the CourtCox, J.

The plaintiff recovered damages for personal injuries, alleged to have been caused by a defect in a public way in the defendant city. The only question presented is whether there was error in the denial of the defendant’s requests for rulings.

The jury could have found that between three-thirty and four o’clock in the afternoon of October 11, 1936, the plaintiff fell as a result of a defect in the sidewalk. G. L. (Ter. Ed.) c. 84, §§ 1, 15, 18. Earth and other material had washed down a hill to the sidewalk, thereby narrowing the width that was fit for travel from nine feet to approximately…

2Cases cited10 opinions

  1. Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
  2. Keith v. Worcester & Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
  4. Agnew v. FranksMassachusetts Supreme Judicial Court · 1926
  5. Barton v. City of BostonMassachusetts Supreme Judicial Court · 1938

5 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Luz v. Stop & Shop, Inc. of PeabodyMassachusetts Supreme Judicial Court · 1964
  2. Willett v. PilotteMassachusetts Supreme Judicial Court · 1953
  3. Halley v. Hugh Nawn, Inc.Massachusetts Supreme Judicial Court · 1969
  4. Hebb v. GouldMassachusetts Supreme Judicial Court · 1943
  5. Lamereaux v. TulaMassachusetts Supreme Judicial Court · 1942

19 more not listed; retrieve them via the Exa API.

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