Joyner v. Inhabitants of Great Barrington
Massachusetts Supreme Judicial Court
Tort to recover for injuries to the plaintiff’s horses and harnesses, alleged to have been caused by a defect in a highway in the defendant town. At the trial in the Superior Court, before Brigham, C. J., the jury found for the defendant, and the plaintiff alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtColt, J.
The defect in the highway, which the plaintiff relied
on as the cause of the alleged injury, was the want of a sufficient railing by the side of the small bridge or culvert from which his horses fell.
There was evidence that, in repairing the road, a well defined portion within its located limits, at a place where the track approached and crossed the culvert, had been raised up, crowned in the centre, and in that way prepared for public travel. On the side of this elevated way, until it reached the culvert, another well trodden pathway had been made by sleighs, which had passed along it to get…
2Cited by2 opinions
- City of Austin v. RitzTexas Supreme Court · 1888
- Heaney v. Colonial Filling Stations, Inc.Massachusetts Supreme Judicial Court · 1928