Parker v. City of Boston
Massachusetts Supreme Judicial Court
Tort, for .personal injuries occasioned to the plaintiff by an alleged defect in Buggies Street, a highway in Boston. Trial in the Superior Court, before Ailcen, J., who. directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
The evidence leaves it entirely uncertain how long the alleged defect had existed. One witness testified that she “ had been through there Sunday night before, to church.” But she did not testify, and does not appear to have been asked, as to the condition at that time. If there was a defect the plaintiff was bound to show either that the defendant knew it, or in the exercise of reasonable care and diligence ought to have known of it in season to remedy it. Pub. Sts. c. 52, § 18. There was no evidence that the defendant knew of the defect if there was one and in the absence of evidence to…
2Cited by3 opinions
- Leonard v. City of BostonMassachusetts Supreme Judicial Court · 1903
- Comerford v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Taylor v. Inhabitants of SterlingMassachusetts Supreme Judicial Court · 1924