Chase v. City of Lowell
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the fall of a shade tree standing in Worthen Street in Lowell. After the former decision, reported 149 Mass. 85, the case was tried in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows. There was evidence tending to prove the following facts.
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Tort for personal injuries occasioned to the plaintiff by the fall of a shade tree standing in Worthen Street in Lowell. After the former decision, reported 149 Mass. 85, the case was tried in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows. There was evidence tending to prove the following facts. The tree in question stood in an opening in the paving of Worthen Street, a highway in the defendant city which the defendant was bound to keep in repair, near the curbstone of the sidewalk, and in front of the premises of one Plunkett. This street…
1Opinion of the CourtKnowlton, J.
It is said in the opinion in Chase v. Lowell, 149 Mass. 85, that the St. of 1885, c. 123, § 2, in reference to shade trees standing in a highway, “ gives or leaves to the highway surveyors . . . power to apply to the proper tribunal for an adjudication that they shall be-removed.” If a tree standing in a highway is in danger of falling, the authorities whose duty it is to keep the way safe and convenient for travellers should do what they reasonably can to protect the public from it. While an application for its removal may be made to the selectmen or the mayor and aldermen by any person…
2Cases cited5 opinions
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
- Harriman v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1889
- Howe v. City of LowellMassachusetts Supreme Judicial Court · 1869
3Cited by18 opinions
- My Laundry Co. v. SchmelingWisconsin Supreme Court · 1906
- Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
- City of Montgomery v. QuinnSupreme Court of Alabama · 1944
- Valvoline Oil Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1920
- Woodall v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
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