Prentiss v. City of Boston
Massachusetts Supreme Judicial Court
Tort under the Gen. Sts. e. 44, § 22, to recover for an injury received by the plaintiff through a defect in Dudley Street, a highway in the city of Boston. Trial before Morton, J., who, after a verdict for the plaintiff, reported the case, upon the agreement that if the whole evidence was insufficient to sustain the verdict, judgment was to be for the defendant.
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Tort under the Gen. Sts. e. 44, § 22, to recover for an injury received by the plaintiff through a defect in Dudley Street, a highway in the city of Boston. Trial before Morton, J., who, after a verdict for the plaintiff, reported the case, upon the agreement that if the whole evidence was insufficient to sustain the verdict, judgment was to be for the defendant. If the ruling requested by the defendant should have been given, or if the charge given was not sufficiently favorable to the defendant, a new trial was to be granted. Otherwise, judgment was to be entered on the verdict. The laying…
1Opinion of the CourtChapman, C. J.
After the evidence was in, the defendants requested the court to rule that there was no evidence which would justify the jury in finding a verdict for the plaintiff. He declined to do this, and the defendants excepted. It was necessary for the plaintiff to prove, not only that he used ordinary care, but that the defendants were negligent. As to his own care, it was not necessary to prove it by directly affirmative evidence, but the inference of such care might be drawn from the absence of all appearance of fault, either positive or negative, on his part, in the circumstances under which the…
2Cases cited1 opinion
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by16 opinions
- Sutton v. City of SnohomishWashington Supreme Court · 1895
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
- City of Omaha v. JensenNebraska Supreme Court · 1892
- Blessington v. City of BostonMassachusetts Supreme Judicial Court · 1891
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