Stone v. Inhabitants of Hubbardston
Massachusetts Supreme Judicial Court
Tort under the Gen. Sts. c. 44, § 22, for injuries sustained from defects in a highway in Hubbardston. The declaration alleged that a part of this highway, “ opposite certain watering troughs by the side thereof, was on December 17, 1865, and for twenty-four hours previous thereto negligently suffered by said defendants to be out of repair, defective and without sufficient railing; in that the travelled road was not wrought of sufficient width; in that the water ran across…
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Tort under the Gen. Sts. c. 44, § 22, for injuries sustained from defects in a highway in Hubbardston. The declaration alleged that a part of this highway, “ opposite certain watering troughs by the side thereof, was on December 17, 1865, and for twenty-four hours previous thereto negligently suffered by said defendants to be out of repair, defective and without sufficient railing; in that the travelled road was not wrought of sufficient width; in that the water ran across and with ice collected upon the surface of the travelled way; in that upon the west side of the travelled way there was…
1Opinion of the CourtGray, J.
Some of the rulings excepted to relate to the question whether the plaintiff was wanting in ordinary care, and others to the question whether there was a defect in the highway for which the town was liable.
1. Upon the question of the plaintiff’s care, the defendants had introduced evidence that the plaintiff’s horse was vicious and had a bad habit of shying, and that the plaintiff was driving at an unusual and improper rate of speed at the time of the accident.
The fact that a horse starts or shies at an object in the highway (whether such object is or is not a defect in the way) and is thus…
2Cases cited4 opinions
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Luther v. City of WorcesterMassachusetts Supreme Judicial Court · 1867
- Fogg v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1868
- Hutchins v. City of BostonMassachusetts Supreme Judicial Court · 1867
3Cited by27 opinions
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
- Henkes v. City of MinneapolisSupreme Court of Minnesota · 1890
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
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