Harrigan v. City of Worcester
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff by reason of his stepping into a large hole in a sidewalk on Prescott Street in the city of Worcester. Writ in the Superior Court for the county of Worcester dated January 6, 19.06. ■ There was a trial before Wait, J., who, at the close of the evidence declined to rule, at the request of the defendant, “ that the- defendant had not had legal notice of the defective condition of the sidewalk.”
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Tort for personal injuries alleged to have been received by the plaintiff by reason of his stepping into a large hole in a sidewalk on Prescott Street in the city of Worcester. Writ in the Superior Court for the county of Worcester dated January 6, 19.06. ■ There was a trial before Wait, J., who, at the close of the evidence declined to rule, at the request of the defendant, “ that the- defendant had not had legal notice of the defective condition of the sidewalk.” There was a verdict for the plaintiff, and the defendant alleged exceptions. The facts are stated in the opinion. The cáse was…
1Opinion of the CourtSheldon, J.
In our opinion there was sufficient evidence to warrant the jury in finding that the defendant had, or by the exercise of proper care and diligence might have had, reasonable notice of the defective condition of the sidewalk.
The alleged defect was a hole in the sidewalk caused by the absence of the cover of a box which had for many years been in the sidewalk. One witness testified that he had walked over this box several times, and it had rocked under his feet; that it was always loose. Another witness testified that on the Sunday preceding the day of the accident* he saw the cover off this…
2Cases cited5 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- McGaffigan v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Bourget v. City of CambridgeMassachusetts Supreme Judicial Court · 1893
3Cited by5 opinions
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Cannon v. City of WorcesterMassachusetts Supreme Judicial Court · 1916
- Bleistine v. City of ChelseaMassachusetts Supreme Judicial Court · 1910
- Franklin v. City of WorcesterMassachusetts Supreme Judicial Court · 1910
- Horne v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1955