Warner v. Inhabitants of Holyoke
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries alleged to have been caused by a defect in a highway in the defendant town. At the trial in the Superior Court, before Brigham, C. J., the plaintiff offered evidence tending to show that on the evening of September 21, 1871, she was riding with her husband and his sister, on their way from Springfield to Easthampton, in a carriage drawn by a span of gentle horses driven by the plaintiff’s husband, Albert Warner; that the night was dark…
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Tort to recover for personal injuries alleged to have been caused by a defect in a highway in the defendant town. At the trial in the Superior Court, before Brigham, C. J., the plaintiff offered evidence tending to show that on the evening of September 21, 1871, she was riding with her husband and his sister, on their way from Springfield to Easthampton, in a carriage drawn by a span of gentle horses driven by the plaintiff’s husband, Albert Warner; that the night was dark and cold; that when they were nearly opposite the Ingleside Hotel, at a point a few feet southerly from a well, and…
1Opinion of the CourtAmes, J.
It was correctly ruled at the trial that “ the substantial construction of a railroad upon a former highway of the defendants, excluding public travel thereon, accompanied by the *367making of a new way beside the said railroad extending to and meeting the former highway, where the same was not occupied by said railroad, would be facts warranting the inference of a location of the railroad, which discontinued so much of the highway as it covered.” At the argument it was assumed that the railroad was duly chartered, and rightfully laid out. The new way lying east of the railroad superseded and…
2Cases cited2 opinions
- Murphy v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1870
- Marshall V. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1872
3Cited by24 opinions
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1943
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- State Highway Board v. BaxterSupreme Court of Georgia · 1928
- Sedita v. SteinbergSupreme Court of Connecticut · 1926
- Township of Plymouth v. GraverSupreme Court of Pennsylvania · 1889
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