Cochran v. City of Boston
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for personal injuries alleged to have been suffered by the plaintiff by reason of a defect in Wen-ham Street in Boston on May 18,1909. Writ dated June 29, 1909. The case was tried in the Superior Court before Sherman, J., on April 26 and 27, 1911. The presiding judge refused to instruct the jury that, in ascertaining the damages to which the plaintiff was entitled, they might add to what would be a fair compensation for the injury interest for…
Read the full summary
Tort under R. L. c. 51, § 18, for personal injuries alleged to have been suffered by the plaintiff by reason of a defect in Wen-ham Street in Boston on May 18,1909. Writ dated June 29, 1909. The case was tried in the Superior Court before Sherman, J., on April 26 and 27, 1911. The presiding judge refused to instruct the jury that, in ascertaining the damages to which the plaintiff was entitled, they might add to what would be a fair compensation for the injury interest for the time during which the plaintiff was delayed by having to enforce her claim by bringing an action. The jury found for…
1Opinion of the CourtRugg, C. J.
This is an action for personal injuries received by the plaintiff while a traveller from a defect in a highway. The only question to be decided is whether in such an action the plaintiff is entitled to an instruction to the effect that in ascertaining *172damages the jury have a right to add to the fair compensation interest by reason of delay. The plaintiff relies on Frazer v. Bigelow Carpet Co. 141 Mass. 126, where it was held that in an action for injury to property the jury, in their discretion, and as incident to determining the amount of the original loss, may consider the delay caused by…
2Cases cited14 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Potier v. A. W. Perry, Inc.Massachusetts Supreme Judicial Court · 1934
- Rogers v. OkinDistrict Court, D. Massachusetts · 1979
- Royal Paper Box Co. v. Munro & Church Co.Massachusetts Supreme Judicial Court · 1933
- Sylvania Electric Products, Inc. v. Irene Barker, Irene Barker v. Sylvania Electric Products, Inc.Court of Appeals for the First Circuit · 1956
- Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913
27 more not listed; retrieve them via the Exa API.