Marvin v. City of New Bedford
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff in consequence of an alleged defect in a sidewalk of the defendant city.
Read the full summary
Tort, for personal injuries occasioned to the plaintiff in consequence of an alleged defect in a sidewalk of the defendant city. At the trial in the Superior Court, before Bishop, J., it appeared in evidence that Purchase Street was a public way in New Bedford near the centre of the city ; that the sidewalk was covered with flagging extending from the line of the stores to the curbing, a distance of about ten feet; that it had been in substantially the same condition for more than five or six years before the accident; that one of the flaggings had a hole in it nearly circular in form, five…
1Opinion of the CourtLathrop, J.
1. The jury were warranted in finding that the hole in the sidewalk which caused the injury to the plaintiff was a defect for which the defendant was responsible under the Pub. Sts. c. 52, § 18 ; and the court below properly refused to rule, as matter of law, that no defect had been shown. Street v. Holyoke, 105 Mass. 82. Ghenn v. Provincetown, 105 Mass. 313. Loan v. Boston, 106 Mass. 450. Gerald v. Boston, 108 Mass. 580. George v. Haverhill, 110 Mass. 506. Dowd v. Chicopee, 116 Mass. 93.
2. The question put to Boomer was properly excluded. It is not competent in a case of this kind for the…
2Cases cited9 opinions
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Dowd v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1874
- Street v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Hinckley v. Inhabitants of BarnstableMassachusetts Supreme Judicial Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Anderson v. Reidsville Amusement Co.Supreme Court of North Carolina · 1938
- Lamb v. City of WorcesterMassachusetts Supreme Judicial Court · 1900
22 more not listed; retrieve them via the Exa API.