Cutting v. Inhabitants of Shelburne
Massachusetts Supreme Judicial Court
Two actions OP TORT, the first for personal injuries, and the second for personal injuries and for damage to a horse and buggy, alleged to have been caused by a defect in a public highway which the defendant was bound to keep in repair, the alleged defect consisting of the absence of a barrier or railing on a bridge over a brook. Writ dated February 1, 1904. In the Superior Court the cases were tried together.
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Two actions OP TORT, the first for personal injuries, and the second for personal injuries and for damage to a horse and buggy, alleged to have been caused by a defect in a public highway which the defendant was bound to keep in repair, the alleged defect consisting of the absence of a barrier or railing on a bridge over a brook. Writ dated February 1, 1904. In the Superior Court the cases were tried together. At the first trial before DeCourcy, J. the jury returned verdicts for the plaintiffs, which were set aside by the judge. The second trial was before Aiken, O. J. It appeared that the…
1Opinion of the CourtBraley, J.
A refusal to rule at the close of the evidence that these actions could not be maintained raises the questions of law ’ *4presented by the exceptions. They are, whether the plaintiffs’ injuries were caused by want of a sufficient railing upon the bridge which formed part of the highway, thus causing a defect which might have been remedied by reasonable diligence on the part of the defendant, and whether at the time of the accident they were in the exercise of due care.
In speaking of this obligation imposed upon towns, Mr. Justice Ames, in Marshall v. Ipswich, 110 Mass. 522, 526, said, “ The…
2Cases cited20 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Kelly v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1888
- Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
- McGee v. Jones CountySupreme Court of Iowa · 1913
- Bruno v. DonahueMassachusetts Supreme Judicial Court · 1940
- Murray v. LiebmannMassachusetts Supreme Judicial Court · 1918
3 more not listed; retrieve them via the Exa API.