White v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by a defect in Warren Avenue, in that part of Boston, formerly Charlestown. Trial in this court before Lord, J., who, after a verdict for the defendant, reported the case for the consideration of the full court in substance as follows; The plaintiff testified, that on October 12, 1874, he came to Boston on business, from Portland, Maine, where he then resided ; that, on the evening of the following day, he went in a street-railway car to…
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Tort for personal injuries caused by a defect in Warren Avenue, in that part of Boston, formerly Charlestown. Trial in this court before Lord, J., who, after a verdict for the defendant, reported the case for the consideration of the full court in substance as follows; The plaintiff testified, that on October 12, 1874, he came to Boston on business, from Portland, Maine, where he then resided ; that, on the evening of the following day, he went in a street-railway car to Charlestown, and started at about nine o’clock in the evening to return to Boston, on foot; that he was familiar with the…
1Opinion of the CourtLord, J.
We are all of opinion that too much weight was, at the trial, attached to the testimony of the plaintiff, that, “ when he entered the avenue, he understood, from seeing the horse and light across it, that the avenue was undergoing repairs, and was closed to travel, but that he supposed the repairs were on the road-bed only.”
It is undoubtedly true that the authorities of a city or town may temporarily close a highway against use, for the purpose of making repairs in the way, and escape liability to any person, who may attempt to use or use the same as a way, with knowledge that it is closed.…
2Cited by13 opinions
- Stephens v. City of MaconSupreme Court of Missouri · 1884
- Niland v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Jones v. CollinsMassachusetts Supreme Judicial Court · 1905
- Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Rivero v. City of New YorkNew York Court of Appeals · 1943
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