Bourget v. City of Cambridge
Massachusetts Supreme Judicial Court
Tort, to recover for injuries occasioned to the plaintiff by an alleged defect in a public street in Cambridge, called Crescent Avenue. The injury was alleged to have been caused by a dead telephone wire hanging down into and upon the sidewalk of the street, and upon and across an electric light wire fastened to the Street side of the factory of A. H. Hews and Company, by whom the plaintiff was employed.
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Tort, to recover for injuries occasioned to the plaintiff by an alleged defect in a public street in Cambridge, called Crescent Avenue. The injury was alleged to have been caused by a dead telephone wire hanging down into and upon the sidewalk of the street, and upon and across an electric light wire fastened to the Street side of the factory of A. H. Hews and Company, by whom the plaintiff was employed. At the trial in the Superior Court, before Bond, J., there was evidence tending to show that a short time before the accident, which occurred in the afternoon of January 23, 1891, and while…
1Opinion of the CourtHolmes, J.
The question, as presented by the plaintiff’s evidence and the ruling of the court, is whether, if one who is travelling in the highway sees a loose telephone wire hanging so as to endanger travellers, and stoops to pick it up and throw it out of the way, he does by that act lose the protection given to travellers by the statute, so that he cannot recover for a defect in the highway under the Pub. Sts. c. 52, § 18. It must be assumed that the jury might have found that the plaintiff was using due care, unless the contrary appears as matter of law, and that the wire charged with electricity…
2Cases cited7 opinions
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
- Duffy v. City of DubuqueSupreme Court of Iowa · 1884
- Britton v. Inhabitants of CummingtonMassachusetts Supreme Judicial Court · 1871
- Gulline v. City of LowellMassachusetts Supreme Judicial Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Prince v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1909
- Klages v. Gillette-Herzog Manufacturing Co.Supreme Court of Minnesota · 1902
- Bourget v. City of CambridgeMassachusetts Supreme Judicial Court · 1893
- Linton v. Weymouth Light & Power Co.Massachusetts Supreme Judicial Court · 1905
- Queen of Arkansas Insurance v. TaylorSupreme Court of Arkansas · 1911
2 more not listed; retrieve them via the Exa API.