Fowler v. Inhabitants of Gardner
Massachusetts Supreme Judicial Court
Tort, for personal injuries, occasioned to the plaintiff by an alleged defect in a highway in the defendant town. Trial in the Superior Court, without a jury, before Hardy, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries, occasioned to the plaintiff by an alleged defect in a highway in the defendant town. Trial in the Superior Court, without a jury, before Hardy, J., who allowed a bill of exceptions, in substance as follows. The defect complained of was the existence in the highway, at a curve in the street railway passing frojn the tracks from one street into another, of a guard rail on the inside of the track, with which the sleigh in which the plaintiff was riding came in contact, and it was overthrown. The evidence, all of which was by estimate from observation, tended to show…
1Opinion of the CourtAllen, J.
If by reason of improper construction or negligent maintenance the railroad was in an improper condition at the time and place of the accident, and thus rendered the highway unsafe for travellers, it is well settled that the town is primarily responsible, though it might have a remedy over, by virtue of Pub. Sts. c. 113, § 32. Hawks v. Northampton, 116 Mass. 420. Prentiss v. Boston, 112 Mass. 43. Johnson v. Salem Turnpike & Chelsea Bridge Co. 109 Mass. 522. But if the location of the railroad was duly authorized, and it was built and maintained in *509a proper condition, then it was lawfully in…
2Cases cited5 opinions
- Prentiss v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Hawks v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1875
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Johnson v. Salem Turnpike & Chelsea Bridge Corp.Massachusetts Supreme Judicial Court · 1872
- Lawrence v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
3Cited by4 opinions
- Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Leary v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
- Cammett v. City of HaverhillMassachusetts Supreme Judicial Court · 1908
- Harris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912