McGaffigan v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to tbe plaintiff by an alleged defect in a sidewalk of Thacher Street, a highway in Boston. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows.
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Tort for personal injuries occasioned to tbe plaintiff by an alleged defect in a sidewalk of Thacher Street, a highway in Boston. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows. There was evidence that the plaintiff, on November 22, 1881, while travelling along the sidewalk in question, fell into a coal-hole, the cover of which, not being fastened from the inside as it was constructed and intended to be fastened, tipped when she stepped upon it, and permitted the plaintiff to fall in, causing severe injuries. There was also…
1Opinion of the CourtField, J.
The city is required to keep its streets reasonably safe and convenient for travellers, (Pub. Sts. c. 52, § 1,) and is liable in damages for any injury received through a defect in a *293street which might have been remedied by reasonable care and diligence on its part, if it had reasonable notice of the defect, or might have had notice of it “ by the exercise of proper care and diligence.” Pub. Sts. c. 52, § 18. The city of Boston by its ordinances authorizes the board of aldermen to permit the construction of coal-holes under the streets, and to prescribe the manner in which they shall be…
2Cases cited3 opinions
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. WelchMassachusetts Supreme Judicial Court · 1889
3Cited by8 opinions
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Hill v. NortonWest Virginia Supreme Court · 1914
- Cannon v. City of WorcesterMassachusetts Supreme Judicial Court · 1916
- Drake v. Kansas CitySupreme Court of Missouri · 1905
- Rochefort v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1891
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