Smith v. Inhabitants of Conway
Massachusetts Supreme Judicial Court
Tort for personal injuries, occasioned by an alleged defect in a highway, which the defendant town was bound to keep in repair. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions in substance as follows : It appeared in evidence that the plaintiff, in travelling upon the road, was behind the vehicle of one Mosher, and that near the place of the accident he turned out to his right hand side of the road and passed Mosher’s vehicle.
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Tort for personal injuries, occasioned by an alleged defect in a highway, which the defendant town was bound to keep in repair. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions in substance as follows : It appeared in evidence that the plaintiff, in travelling upon the road, was behind the vehicle of one Mosher, and that near the place of the accident he turned out to his right hand side of the road and passed Mosher’s vehicle. It was in dispute how near the place of the accident he was when he so turned out, or how far past the vehicle of Mosher he had got…
1Opinion of the CourtLord, J.
The facts in this case are substantially these : The plaintiff was a traveller upon a highway within the defendant town, and in driving along the way was behind the vehicle of one Mosher, which he desired to pass. To do so, he turned out upon his right hand side of the road. It does not appear by the report of the case whether he had passed the vehicle of Mosher, or whether he was abreast of it, at the time of receiving the injury for which he brings his action. We presume, however, that the ruling of the presiding judge in the court beloyr was based upon the supposition that, at the time of…
2Cases cited3 opinions
- Damon v. Inhabitants of ScituateMassachusetts Supreme Judicial Court · 1875
- Tuttle v. City of LawrenceMassachusetts Supreme Judicial Court · 1876
- Wrinn v. JonesMassachusetts Supreme Judicial Court · 1873
3Cited by10 opinions
- O'Brien v. McGlinchySupreme Judicial Court of Maine · 1878
- Quinn v. O'KeeffeAppellate Division of the Supreme Court of the State of New York · 1896
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Clinton v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1907
- Mansell v. LarsenMassachusetts Supreme Judicial Court · 1942
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