Cammett v. City of Haverhill
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received because of a defect in Merrimack Street, a public highway of the defendant.
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Tort for personal injuries alleged to have been received because of a defect in Merrimack Street, a public highway of the defendant. Writ in the Superior Court for the county of Essex dated September 28, 1903. At the close of the evidence introduced at the trial, which was befoi’e DeCourcy, J., the defendant requested the presiding judge to rule that on all the evidence the verdict should be for the defendant, and that there was no sufficient evidence of a condition amounting to a defect or want of repair in the public highway for which the defendant was liable. The requests were refused and…
1Opinion of the CourtKno'WLTon, C. J.
The plaintiff was thrown from his wagon
and injured while driving on a public street. There was evidence that he was in the exercise of due care. The first question in dispute is whether the condition of the street was such as to create a liability on the part of the city or the street railway company for an accident happening there. The street railway was constructed at this point with two tracks, laid with girder rails having a flange on the inside of the rail. Between the rails of the southerly track a grating was constructed,, to carry off water into a catch basin. The flange was cut off…
2Cases cited10 opinions
- City of Springfield v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1902
- Rouse v. City of SomervilleMassachusetts Supreme Judicial Court · 1881
- City of Worcester v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1902
- White v. Inhabitants of QuincyMassachusetts Supreme Judicial Court · 1867
- Leary v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hurlburt v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1938
- Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
- Adams v. Town of BoltonMassachusetts Supreme Judicial Court · 1937
- Saunders v. City of MedfordMassachusetts Supreme Judicial Court · 1939
- Albert M. Buskey v. City of WorcesterMassachusetts Supreme Judicial Court · 1948
2 more not listed; retrieve them via the Exa API.