Fleming v. City of Springfield
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned by an alleged defect in Liberty Street, a highway which the defendant city was bound to keep in repair. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned by an alleged defect in Liberty Street, a highway which the defendant city was bound to keep in repair. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. The plaintiff’s evidence tended to show that on September 13, 1890, as he was driving along Liberty Street after a heavy rain, suddenly the horses attached to his vehicle broke through the surface of the road-bed, and the plaintiff was thrown to the ground, and was injured in his arm and shoulder; that the breaking down of the road-bed was…
1Opinion of the CourtMorton, J.
1. If the exceptions raise any question regarding the notice, none was brought to the attention of the court at the trial, and the defendant has not argued any such question to us. It would have been too late to raise it here, and the defendant must be deemed to have waived it if there was one. Talbot v. Taunton, 140 Mass. 552.
2. The testimony of Dr. Rice was properly admitted. The statement made by the plaintiff purported to be a description of his symptoms at the time it was made, and not a narration of something that was past; and it may be fairly inferred that it was made for the purpose…
2Cases cited2 opinions
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Talbot v. City of TauntonMassachusetts Supreme Judicial Court · 1886
3Cited by19 opinions
- Northern Pacific Railroad v. UrlinSupreme Court of the United States · 1895
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- O'Boyle v. CommonwealthSupreme Court of Virginia · 1901
- Arabia v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1938
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