Aston v. City of Newton
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Answer, a general denial.
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Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Answer, a general denial. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The plaintiff gave the defendant a written notice, stating that “on Monday evening, November 24, 1879, while passing along Webster Street in that part of the city of Newton known as West Newton, and opposite or nearly opposite the house of J. A. Fairbanks, he fell, while in the exercise of proper and due care, and received severe injuries to his person. The…
1Opinion of the CourtC. Allen, J.
The ruling that the notice was sufficient in form was correct.
From the description which is given of the place which is complained of, it would seem that the grassed space between the gravelled sidewalk and that portion of the street which was wrought for a carriage-way was not adapted for the travel of those who merely had occasion to walk along the south side of Webster Street on the sidewalk; but in order to cross the street so as to reach Warren Avenue, or to cross from Warren Avenue to the south side of Webster Street, it would be necessary to pass over this grassed space, and, no path…
2Cases cited2 opinions
- Weare v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
- Whitford v. Inhabitants of SouthbridgeMassachusetts Supreme Judicial Court · 1876
3Cited by9 opinions
- Redford v. City of WoburnMassachusetts Supreme Judicial Court · 1900
- Neel v. King CountyWashington Supreme Court · 1909
- Moran v. Inhabitants of PalmerMassachusetts Supreme Judicial Court · 1894
- City of Atchison v. MayhoodSupreme Court of Kansas · 1904
- Tilton v. Inhabitants of WenhamMassachusetts Supreme Judicial Court · 1899
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