Burnham v. City of Boston
Massachusetts Supreme Judicial Court
Tort to recover damages for an injury sustained by the plaintiff by reason of a defective way. At the trial in this court, before Chapman, J., it appeared that Third Street, Athens Street and Broadway in South Boston were all public streets which the defendants were bound to keep in repair, running parallel to each other, and crossed at right angles by A Street and by the location of the New York Central Railroad.
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Tort to recover damages for an injury sustained by the plaintiff by reason of a defective way. At the trial in this court, before Chapman, J., it appeared that Third Street, Athens Street and Broadway in South Boston were all public streets which the defendants were bound to keep in repair, running parallel to each other, and crossed at right angles by A Street and by the location of the New York Central Railroad. About the year 1854 an excavation was made for the track of this railroad, which was crossed by a bridge at Third Street and left open at Athens Street. Soon after the excavation…
1Opinion of the CourtBigelow, C. J.
This case was submitted to the jury under instructions which seem to have been carefully considered by the learned judge before whom the trial was had. With one exception, they were in all respects accurate and well adapted to the facts in evidence. But, upon mature deliberation, the majority of the court are of opinion that they embraced one element which ought to have been excluded.
The plaintiff’s right to recover was made to depend on proof of the fact that a way across the land lying between Athens and Third Streets had been dedicated to the public, and the jury were told that unless such…
2Cited by3 opinions
- O'Malley v. Borough of ParsonsSupreme Court of Pennsylvania · 1899
- Shuptrine v. HerronMississippi Supreme Court · 1938
- Kirkham v. City of Kansas CitySupreme Court of Kansas · 1913