Kelley v. City of Boston
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been received on July 22, 1906, by reason of a defect in a sidewalk in front of the building numbered 129 on West Concord Street in Boston. Writ in the Superior Court for the county of Norfolk dated January 30, 1907. The case was tried before King, J. The main point in issue was whether the defect which was alleged to have caused the plaintiff’s injury was within the limits of the highway.
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Tort for injuries alleged to have been received on July 22, 1906, by reason of a defect in a sidewalk in front of the building numbered 129 on West Concord Street in Boston. Writ in the Superior Court for the county of Norfolk dated January 30, 1907. The case was tried before King, J. The main point in issue was whether the defect which was alleged to have caused the plaintiff’s injury was within the limits of the highway. It appeared that the line of the highway ran about twenty-six and a half inches from the wall of the building and two and a half inches outside of a grating in front of the…
1Opinion of the CourtKnowlton, C. J.
The first exception argued is that the judge charged the jury on the facts, in violation of R. L. c. 173, § 80. The statement of the principles of law applicable to the *89evidence was plainly correct. The statement of the evidence, in connection with the rules of law, was also in accordance with the practice of the courts and the purpose of the Legislature in framing the statute referred to. While a judge may not charge juries in .respect to matters of fact, he may state the testimony and the law. This exception must be overruled. Whitney v. Wellesley Boston Street Railway, 197 Mass. 495, and…
2Cases cited2 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
3Cited by9 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1928
- State v. SimpsonSupreme Court of North Carolina · 1951
- American Employers' Insurance v. WebsterMassachusetts Supreme Judicial Court · 1947
- Murphy v. MooreMassachusetts Supreme Judicial Court · 1940
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