McCulloch v. Inhabitants of Needham
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for personal injuries suffered by the plaintiff on October 30, 1911, when he was about four years and seven months of age, by reason of an alleged defect in a public highway of the defendant known as Hillside Avenue, consisting of a smouldering fire of dead leaves on which the plaintiff stepped, whereby he was burned severely.
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Tort under R. L. c. 51, § 18, for personal injuries suffered by the plaintiff on October 30, 1911, when he was about four years and seven months of age, by reason of an alleged defect in a public highway of the defendant known as Hillside Avenue, consisting of a smouldering fire of dead leaves on which the plaintiff stepped, whereby he was burned severely. Writ dated December 11, 1911. In the Superior Court the case was tried before McLaughlin, J. The evidence is described in the opinion. One Mrs. Clews, a witness who saw the boy from the window of the house in which she lived on Hillside…
1Opinion of the CourtSheldon, J.
If we assume that upon this evidence it might have been found that the burning or smouldering leaves in or about the gutter constituted a defect in the way, that because the defect was created by the acts of its own employees the defendant had reasonable notice of its existence and might by reasonable care and diligence have prevented the injury to the plaintiff, and also that the plaintiff was a traveller upon the way, — R. L. c. 51, §§ 1, 18, — we are brought directly to the question whether there was sufficient evidence of due care on his part.
It of course could not have been ruled that…
2Cases cited15 opinions
- Holbrook v. AldrichMassachusetts Supreme Judicial Court · 1897
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Brennan v. Standard Oil Co. of New YorkMassachusetts Supreme Judicial Court · 1905
- Tyndale v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- McGuiness v. ButlerMassachusetts Supreme Judicial Court · 1893
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3Cited by4 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Bowman v. City of NewburyportMassachusetts Supreme Judicial Court · 1941
- Tannian v. Inhabitants of AmesburyMassachusetts Supreme Judicial Court · 1914
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