Paulino v. Town of Concord

This is an action of tort to recover for personal injuries alleged to have been received by the plaintiff on November 3, 1922, through a defect in a highway. G. L. c. 84, §§ 15-26.

Material evidence is set forth to the effect that the highway was macadamized to the width of eighteen to nineteen and one half feet with a high crown, with a curve to the right as the plaintiff was driving, and higher on the right than on the left. At the right and immediately adjacent to the macadam were tracks for a single trolley car line, between the rails of which the gravel was worn smooth by other travel.…