Rust v. Inhabitants of Essex

We assume in favor of the. plaintiff that although he drove his bicycle upon a stone which obviously projected above the surface of the road he might be found to have been in the exercise of ordinary care; and also that if the highway could have been found defective because of the presence of the stone, he might have recovered for his injuries notwithstanding the fact that he was riding upon a bicycle.

A stone which the plaintiff contends is the one which caused his upset was exhibited at the argument, and also a photograph of that part of the road in which the stone was. The evidence tended…