Ajamian v. Town of Watertown

This is an action of tort to recover for personal injuries which the jury could find were received by the plaintiff on February 10, 1940, while she was crossing Dartmouth Street, a public way in the defendant town, when she stepped into a depression, bringing her foot against the cover of a water box and causing her to fall and to sustain a broken hip. The defendant excepted to the denial of its motion for a directed verdict and to the refusal to grant two requests for instructions.

The defendant concedes that the condition of the way might properly be found to constitute a defect, but…