Tighe v. City of Lowell
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned by a defect in a public street, in the defendant city. The alleged defect was an open ditch excavated for a sewer, into which the plaintiff fell and broke her arm.
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Tort for personal injuries occasioned by a defect in a public street, in the defendant city. The alleged defect was an open ditch excavated for a sewer, into which the plaintiff fell and broke her arm. At the trial in the Superior Court, before Pitman, J., the plaintiff, who was six years old at the time of the accident, testified that she did not remember much about getting hurt; that she was standing by the side of the sewer and fell in; that she was playing tag with another little girl; that she went out from her mother’s house, near by, to play with this little girl, and that she was not…
1Opinion of the Court
By the Court.
The evidence at the trial showed that the plaintiff was using the highway as a play ground, and the case is governed by Blodgett v. Boston, 8 Allen, 237.
Exceptions overruled.
2Cited by16 opinions
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
- Slattery v. Lawrence Ice Co.Massachusetts Supreme Judicial Court · 1906
- Powell v. LigonSupreme Court of Pennsylvania · 1939
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