Babish v. City of Cambridge
Massachusetts District Court, Appellate Division
1Opinion of the CourtBrooks, J.
This is an action of tort for injuries claimed to have resulted from a sidewalk defect. Defendant pleads general denial and contributory negligence.
The declaration placed the defect on the south side of Cambridge Street, 18 paces east of Dana Street. The notice sent by plaintiff to the city gave the same location. Plaintiff’s testimony in court placed the defect near the corner of Ellsworth Street, which is the next street entering Cambridge Street, east of Dana Street. The distance between the two locations was no feet.
Plaintiff testified that she was walking westerly on Cambridge Street…
2Cases cited5 opinions
- Sears v. Town of GreenfieldMassachusetts Supreme Judicial Court · 1934
- Mirick v. PhelpsMassachusetts Supreme Judicial Court · 1937
- Tobin v. Inhabitants of BrimfieldMassachusetts Supreme Judicial Court · 1902
- Smith v. City of Fall RiverMassachusetts Supreme Judicial Court · 1936
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1952