Crafts v. City of Boston
Massachusetts Supreme Judicial Court
Tobt, under the Gen. Sts. e. 44, § 22, by the administratrix of the estate of Jacob Crafts to recover for injuries to her intestate which resulted in his death, and were occasioned by a wagon which he was driving falling, on October 15, 1858, into a ditch by the side of Dorchester Avenue, a highway in South Boston which the defendants were bound- to repair, at its junction with Dorchester Street.
Read the full summary
Tobt, under the Gen. Sts. e. 44, § 22, by the administratrix of the estate of Jacob Crafts to recover for injuries to her intestate which resulted in his death, and were occasioned by a wagon which he was driving falling, on October 15, 1858, into a ditch by the side of Dorchester Avenue, a highway in South Boston which the defendants were bound- to repair, at its junction with Dorchester Street. Writ dated May 1, 1860. At the trial in this court, before Colt, J., at September term 1871, there was evidence introduced tending to show that the plaintiff’s intestate was about forty-five years…
1Opinion of the CourtWells, J.
The only question presented by the ruling at the trial is that of due care on the part of the plaintiff’s intestate. That the injury happened in consequence of his coming upon the defect in the way must be assumed, although not distinctly appearing from the report.
There is no direct evidence either of care at the time of the accident, or the contrary. The rule laid down in Mayo v. Boston & Maine Railroad, 104 Mass. 137, in regard to the extent and mode of proof necessary to sustain such an action, is applicable here. But the circumstances of the accident are not sufficiently disclosed to…
2Cases cited3 opinions
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Texas & N. O. R'y Co. v. CrowderTexas Supreme Court · 1885
- United States Fidelity & Guaranty Co. v. Des Moines Nat. BankCourt of Appeals for the Eighth Circuit · 1906
- Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
- O'Connor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
- Shea v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
10 more not listed; retrieve them via the Exa API.