Cannon v. City of Worcester
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for personal injuries suffered by the plaintiff on December 3, 1913, by reason of her tripping and falling over a ring projecting from a trap door in the sidewalk of Millbury Street in Worcester. Writ dated March 26, 1914. In the Superior Court the case was tried before Hamilton, J. The material evidence is described in the opinion.
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Tort under R. L. c. 51, § 18, for personal injuries suffered by the plaintiff on December 3, 1913, by reason of her tripping and falling over a ring projecting from a trap door in the sidewalk of Millbury Street in Worcester. Writ dated March 26, 1914. In the Superior Court the case was tried before Hamilton, J. The material evidence is described in the opinion. At the close of the evidence the judge ordered a verdict for the defendant and reported the case for determination by this court, it being agreed that, if the ruling was wrong, judgment should be entered for the plaintiff in the sum…
1Opinion of the CourtBraley, J.
The defendant, while making no contention as to the due care of the plaintiff, urges as matter of law that under R. L. c. 51, § 18, the verdict in its favor was ordered rightly, because the ring in the sidewalk over which she tripped and fell did not constitute a defect in or want of repair of the walk, and that, even if it was a defect, there was no evidence from which the jury could properly find that the city had, or by the exercise of reasonable care and diligence might have had, notice of this condition. We are of opinion that neither position can be sustained.
It was undisputed that the…
2Cases cited17 opinions
- Cromarty v. City of BostonMassachusetts Supreme Judicial Court · 1879
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Lamb v. City of WorcesterMassachusetts Supreme Judicial Court · 1900
- Moynihan v. City of HolyokeMassachusetts Supreme Judicial Court · 1906
- Street v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
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3Cited by8 opinions
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
- Guidi v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Whittaker v. Town of BrooklineMassachusetts Supreme Judicial Court · 1945
- Cannon v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1926
- Hamlet v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1924
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