Legal Opinion
Murphy v. Hugh Nawn Contracting Co.
Massachusetts Supreme Judicial Court
Decided March 8, 1916PublishedCited by 6 opinions
1Opinion of the CourtCarroll, J.
On the afternoon of January 6, 1914, while travelling on the northerly side of Summer Street near Hawley Street, Boston, the plaintiff was injured by falling over a plank *405lying on the curbstone, close to a derrick or tool house belonging to the defendant.
At this time the defendant was building the Dorchester tunnel under Summer Street. St. 1911, c. 741.
At the close of the evidence the defendant asked the presiding judge * to rule as follows:
“6. The mere presence of the plank or joist upon the sidewalk is not evidence of negligence on the part of the defendant.
“7. The mere placing of the plank…
2Cases cited11 opinions
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Howard v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McGovern v. City of BostonMassachusetts Supreme Judicial Court · 1918
- Galassi Mosaic & Tile Co. v. City of BostonMassachusetts Supreme Judicial Court · 1936
- Bartol v. City of BostonMassachusetts Supreme Judicial Court · 1927
- City of Boston v. McGovernCourt of Appeals for the First Circuit · 1923
- Berri v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1938
1 more not listed; retrieve them via the Exa API.