McKay v. Inhabitants of Reading
Massachusetts Supreme Judicial Court
Tort for personal injuries from an alleged defect in a walk alleged to be part of a highway of the defendant. Writ dated November 18, 1899. At the trial in the Superior Court before Hardy, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The following is taken from the plan referred to by the court, which was printed as part of the plaintiff’s brief and was used by both parties at the argument.
Read the full summary
Tort for personal injuries from an alleged defect in a walk alleged to be part of a highway of the defendant. Writ dated November 18, 1899. At the trial in the Superior Court before Hardy, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The following is taken from the plan referred to by the court, which was printed as part of the plaintiff’s brief and was used by both parties at the argument. The passage from the present Lowell Street on the west to Harnden Street on the east was called for convenience Short Street during the trial and at the argument.
1Opinion of the CourtLoring, J.
This is an action for personal injuries suffered by a traveller from tripping over an indentation or rut three to six inches deep in a walk, caused by the washing away of the surface of the walk by rainwater. It appeared that the indentation or rut had been allowed to remain without being mended for some two weeks before the accident to the plaintiff. The defence set *142up was that the walk in question was part of a public common. If it was, the defendant is not liable. Clark v. Waltham, 128 Mass. 567. Lincoln v. Boston, 148 Mass. 578, 580. Howard v. Worcester, 153 Mass. 426, 427.
The…
2Cases cited6 opinions
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Lincoln v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Howard v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Clark v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1880
- Cohn v. ParcelsCalifornia Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Gero v. Metropolitan Park CommissionersMassachusetts Supreme Judicial Court · 1919
- Dolese v. StateCourt of Criminal Appeals of Oklahoma · 1923
- First Congregational Parish of West Boylston v. Inhabitants of West BoylstonMassachusetts Land Court · 1907