Butterfield v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an alleged defect in Warren Bridge, a part of a highway in the defendant city.
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Tort for personal injuries occasioned to the plaintiff by an alleged defect in Warren Bridge, a part of a highway in the defendant city. The second count of the declaration alleged that, while the plaintiff “ was driving over the said way and bridge, using due care, the defendant negligently opened the draw in said bridge, causing an opening or defect in said way and bridge, which the defendant did not guard and protect by a suitable barrier or railing, whereby the plaintiff, with his horse and team, fell into the said opening, to his great injury, both in his person and property.” Trial in…
1Opinion of the CourtMorton, C. J.
This case was tried upon the second count in the declaration, and the only question before us is whether the defendant is liable by reason of a defect in a highway. The facts are not in dispute. Warren Bridge is a part of a highway which the city of Boston is bound to keep in repair. St. 1874, c. 259. The plaintiff was intending to drive across the bridge; when he reached it, the gateman was in the act of closing the gate across the way at that place; seeing the plaintiff, he opened the gate and beckoned him on; the plaintiff drove on, and when his horse had put his fore feet upon the draw it…
2Cases cited2 opinions
- French v. City of BostonMassachusetts Supreme Judicial Court · 1880
- McDougall v. City of SalemMassachusetts Supreme Judicial Court · 1872
3Cited by14 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Palmer v. MarceilleSupreme Court of Vermont · 1934
- Evans v. City of SheboyganWisconsin Supreme Court · 1913
- Jackson v. W. A. Norris, Inc.Wyoming Supreme Court · 1939
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