Wood v. Inhabitants of Waterville
Massachusetts Supreme Judicial Court
This was an action of the case, wherein the plaintiff declared that there was a public highway leading through the town of Water-ville, which by law the inhabitants of that town were bound to keep and maintain in good and sufficient repair; and that, on the 28th of October then last past, the plaintiff’s mare, in passing and travelling in said public highway, through a defect and want of necessary repair of a pole bridge or causeway in the same, fell down and broke one of…
Read the full summary
This was an action of the case, wherein the plaintiff declared that there was a public highway leading through the town of Water-ville, which by law the inhabitants of that town were bound to keep and maintain in good and sufficient repair; and that, on the 28th of October then last past, the plaintiff’s mare, in passing and travelling in said public highway, through a defect and want of necessary repair of a pole bridge or causeway in the same, fell down and broke one of her legs, whereby she became of no value to the plaintiff; of which defect, &c., the inhabitants aforesaid had notice;…
1Opinion of the CourtParsons, C. J.
The plaintiff’s action is grounded on the statute of 1786, c. 81, § 7, which provides that any person injured in his person or property through any defect in any highway, causeway, or bridge, may recover of those who are obliged to repair [ * 423 ] them, in case they had reasonable * notice of the defect, double the damages sustained by the injury. On the *371trial, the defendants offered to give in evidence that the plaintiff was the surveyor of the defective way in Wateroille. This evidence was rejected, and for this cause the defendants move for a new trial.
From an examination of the act, it…
2Cited by6 opinions
- Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
- Galena & Chicago Union Railroad v. JacobsIllinois Supreme Court · 1858
- Underhill v. City of ManchesterSupreme Court of New Hampshire · 1864
- City of Danville v. RobinsonSupreme Court of Virginia · 1901
- Johnson v. Town of HaverhillSupreme Court of New Hampshire · 1857
1 more not listed; retrieve them via the Exa API.