Cushing v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by an alleged defect in Bartlett Street, in that part of Boston formerly Charlestown. Writ dated June 24, 1875. After the former decision, reported 124 Mass. 434, the case was tried in the Superior Court, without a jury, before Allen, J., who found for the plaintiff in the sum of $2000; and the defendant alleged exceptions.
1Opinion of the CourtEndicott, J.
The facts now presented in this case, in regard to the position, construction and condition of the steps which constituted the alleged defect in the highway, do not differ from those stated in the former bills of exceptions, as reported in 122 Mass. 173, and 124 Mass. 434. On both occasions it was held that, under the St. of 1824, c. 16, § 3, these steps, which projected less than three feet into the highway, and were properly constructed and in good repair, could be lawfully maintained by the abutter, were not a nuisance, and did not constitute an illegal obstruction in the highway. Whether…
2Cases cited3 opinions
- Commonwealth v. GoodnowMassachusetts Supreme Judicial Court · 1875
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1878
3Cited by11 opinions
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Dalton v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1922
- Pritchard v. MabreyMassachusetts Supreme Judicial Court · 1970
- State Ex Rel. Baker v. McCarthySupreme Court of Florida · 1936
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