Dowd v. Inhabitants of Chicopee
Massachusetts Supreme Judicial Court
Tobt under the Gen. Sts. a. 44, § 22, for personal injuries sustained through an alleged defect in a highway which the defendant was bound to keep in repair.
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Tobt under the Gen. Sts. a. 44, § 22, for personal injuries sustained through an alleged defect in a highway which the defendant was bound to keep in repair. At the trial before Morton, J., the jury found for the plaintiff and a bill of exceptions was allowed in substance as follows : It appeared in evidence that the plaintiff, a lad of fifteen years of age, on the evening of June 12, 1872, while it was dark, was travelling on foot along the highway in question, and, coming upon the alleged defect, fell and received the injury complained of. The highway, from one outside limit to the other,…
1Opinion of the CourtAmes, J.
In that class of cases cited by the defendant, in which the court has decided as a matter of law that the evidence failed to prove a defect in a way, the precise position and characteristics of the alleged impediment or obstruction were not matters of controversy. Thus in Raymond v. Lowell, 6 Cush. 324, it was held that a sewer grate, resting against 'the edge of the curbstone of a sidewalk and projecting an inch or two above it, was not a defect for which a person who chose to cross the street at that point, and in so doing tripped over the grate and fell, could recover damages. In Macomber…
2Cases cited5 opinions
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- Elkins v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1874
- Ghenn v. Inhabitants of ProvincetownMassachusetts Supreme Judicial Court · 1870
3Cited by20 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
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