Quigley v. Clough
Massachusetts Supreme Judicial Court
Toet, for personal injuries sustained by coming in contact with a barbed wire fence maintained upon the defendant’s land in Boston. The declaration contained two counts, one under St. 1884, c. 272, § 1, and the other at common law.
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Toet, for personal injuries sustained by coming in contact with a barbed wire fence maintained upon the defendant’s land in Boston. The declaration contained two counts, one under St. 1884, c. 272, § 1, and the other at common law. Trial in the Superior Court, before Blodgett, J., who, at the defendant’s request, ruled that the statute did not apply, and that the action could not be maintained at common law; and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries. The defendant had a house at the corner of two streets which were at right angles to each other, and the sides of the house w.ere parallel to and at a distance from the streets. The defendant maintained a barbed wire fence running diagonally from the corner of his house across the grass to the corner of the streets. The plaintiff by mistake after dark left the line of the street, walked upon the grass, came against the fence, and was injured. The judge directed a verdict for the defendant, and the case is here on exceptions.
It does not need argument to…
2Cases cited5 opinions
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
- Marble v. RossMassachusetts Supreme Judicial Court · 1878
- Holbrook v. AldrichMassachusetts Supreme Judicial Court · 1897
- McIntire v. RobertsMassachusetts Supreme Judicial Court · 1889
3Cited by9 opinions
- Jacobs v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Skaling v. SheedySupreme Court of Connecticut · 1924
- Snow v. JudyAppellate Court of Illinois · 1968
- Riley v. HarrisMassachusetts Supreme Judicial Court · 1900
- Lioni v. MarrMassachusetts Supreme Judicial Court · 1946
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