Lucianelli v. City of Newton

This is an action of tort to recover damages sustained by the plaintiff’s intestate by reason of a defective and dangerous condition in an alleged highway, called Manet Road, in the defendant city. The sole question raised by these exceptions is whether the place where the plaintiff’s intestate fell was within a public way.

The printed record is not clear as to the precise place where the injuries were received, except that it was not within the wrought part of Manet Road. There was no evidence to show that Manet Road was ever laid out as a public way and accepted as such. There was evidence…