Pratt v. Inhabitants of Cohasset
Massachusetts Supreme Judicial Court
Two actions OF tort to recover damages sustained by reason of an alleged defect in a highway in Gohasset, in the first case for injuries to a horse and carriage owned by the plaintiff, and in the second case for personal injuries sustained by the plaintiff Lillias, a minor child of the plaintiff in the first case.
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Two actions OF tort to recover damages sustained by reason of an alleged defect in a highway in Gohasset, in the first case for injuries to a horse and carriage owned by the plaintiff, and in the second case for personal injuries sustained by the plaintiff Lillias, a minor child of the plaintiff in the first case. Writs dated March 28, 1899. At the trial in the Superior Court, before Mason, C. J., without a jury, it appeared that the accident happened between seven and eight o’clock P. M. on November 7, 1898, about a mile from Gohasset village, on a highway known as Beechwood Street, The…
1Opinion of the CourtBarker, J.
These cases were tried by the Chief Justice of the Superior Court, without a jury.
It is contended in support of the defendant’s exceptions that it could not be found upon the evidence that the team was driven with due care, nor that the defendant was guilty of negligence.
The defect in the way consisted of loose gravel freshly put upon the travelled path, and not guarded by any barrier or marked by any light. For some days a workman employed for that purpose by the superintendent of streets, who was also chairman of the selectmen, had been placing gravel upon the travelled path. This was known…
2Cases cited1 opinion
- Pomeroy v. Inhabitants of WestfieldMassachusetts Supreme Judicial Court · 1891
3Cited by10 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Kelleher v. City of NewburyportMassachusetts Supreme Judicial Court · 1917
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- City of Troy v. WatkinsSupreme Court of Alabama · 1918
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