Smith v. City of Lowell
Massachusetts Supreme Judicial Court
Tobt, for a personal injury occasioned to the plaintiff by a fall upon the sidewalk of French Street, in Lowell, on February 3, 1883. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: It was not disputed that French Street was a way having a wrought carriage-path and sidewalks, like an ordinary highway ; that it led from Bridge Street to Ann Street, both public highways; that it had always been unobstructed at either…
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Tobt, for a personal injury occasioned to the plaintiff by a fall upon the sidewalk of French Street, in Lowell, on February 3, 1883. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: It was not disputed that French Street was a way having a wrought carriage-path and sidewalks, like an ordinary highway ; that it led from Bridge Street to Ann Street, both public highways; that it had always been unobstructed at either entrance, and as open to public travel as any street in the city; and that it was laid out and constructed in 1835 and…
1Opinion of the CourtW. Allen, J.
We think that the last instruction asked for should have been given. It must be assumed, from the verdict and the finding of the jury, that the way was a private way, opened and dedicated to the public use, within the meaning of the Pub. Sts. e. 49, § 94; and that the only liability of the defendant was under § 95, which provides that “ the mayor and aider-men and selectmen or road commissioners shall, when the public safety demands it, direct and cause the entrances of such ways entering on and uniting with an existing public highway to be closed up, or may by other sufficient means caution…
2Cited by7 opinions
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1943
- Fitzgerald v. LewisMassachusetts Supreme Judicial Court · 1895
- Patel v. Planning Board of North AndoverMassachusetts Appeals Court · 1989
- Sullivan v. City of WorcesterMassachusetts Supreme Judicial Court · 1919
- Teague v. City of BostonMassachusetts Supreme Judicial Court · 1932
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