Howe v. City of Marlborough
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by reason of an alleged defect in Maple Street, a public way of the defendant. Writ dated February 3,1906. In the Superior Court the case was tried before Lawton, J. The jury took a view of the place of the accident. The manner of the accident and the character of the alleged defect as shown by the evidence are stated in the opinion.
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Tort for personal injuries sustained by the plaintiff by reason of an alleged defect in Maple Street, a public way of the defendant. Writ dated February 3,1906. In the Superior Court the case was tried before Lawton, J. The jury took a view of the place of the accident. The manner of the accident and the character of the alleged defect as shown by the evidence are stated in the opinion. The driveway there mentioned which crossed Maple Street at the place of the accident led to land owned by the defendant. At the close of the evidence, the defendant asked the judge to rule that on all the…
1Opinion of the CourtBugg, J.
There was evidence tending to show that the plaintiff, while a traveller upon a public way of the defendant on the evening of a December day, caught his toe against a rise or projection near the middle of a concrete sidewalk, and received an injury. Across the sidewalk was a driveway, but there was no edgestone or gradual slope to separate or protect it. Its appearance was as if a part of the sidewalk had been at one time upon one level, and later the rest built at another level, the rise being two and a quarter and two and a half inches, extending the width of the walk. “ The edge of the…
2Cases cited7 opinions
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Isaacson v. City of BostonMassachusetts Supreme Judicial Court · 1907
- Burke v. City of HaverhillMassachusetts Supreme Judicial Court · 1904
- Rust v. Inhabitants of EssexMassachusetts Supreme Judicial Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sears v. Town of GreenfieldMassachusetts Supreme Judicial Court · 1934
- George v. City of MaldenMassachusetts Supreme Judicial Court · 1931
- Guidi v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Callagy v. City of BostonMassachusetts Supreme Judicial Court · 1937
- Abrahams v. ZismanMassachusetts Supreme Judicial Court · 1936
6 more not listed; retrieve them via the Exa API.