Hynes v. Brewer
Massachusetts Supreme Judicial Court
Tort for personal injuries from falling on an icy cross walk near the premises of the defendant’s intestate in Jamaica Plain on February 2, 1904. Writ dated April 5, 1904. In the Superior Court the case was tried before Aiken, C. J. The following facts among others appeared at the trial. The plaintiff fell on a cross walk on Green Street, a public highway, where it is intersected by a private way called Lamar-tine Square.
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Tort for personal injuries from falling on an icy cross walk near the premises of the defendant’s intestate in Jamaica Plain on February 2, 1904. Writ dated April 5, 1904. In the Superior Court the case was tried before Aiken, C. J. The following facts among others appeared at the trial. The plaintiff fell on a cross walk on Green Street, a public highway, where it is intersected by a private way called Lamar-tine Square. The fee of Lamartine Square was in the defendant’s intestate at the time the plaintiff fell. The premises in question had been in the possession of the defendant’s intestate…
1Opinion of the CourtSheldon, J.
Although many other questions were raised by the defendant’s exceptions, his counsel have insisted upon only three contentions: That on all the evidence the plaintiff was not entitled to recover; that the judge at the trial should have given the seventh instruction asked for; and that the judge erred in that part of the charge relating to the contribution of water from the defendant’s premises to the formation of ice on the cross walk where the plaintiff fell. We will consider these points in their order.
1. The jury had a right to find that the plaintiff was in the exercise of due care. There…
2Cases cited14 opinions
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
- Jackman v. MillsMassachusetts Supreme Judicial Court · 1884
- Inhabitants of New Salem v. Eagle Mill Co.Massachusetts Supreme Judicial Court · 1884
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3Cited by33 opinions
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- Maloney v. HayesMassachusetts Supreme Judicial Court · 1910
- Fuller v. AndrewMassachusetts Supreme Judicial Court · 1918
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