White v. Inhabitants of Quincy
Massachusetts Supreme Judicial Court
Tobt for injury to the plaintiffs’ carriage sustained by reason of a defect in a highway in Quincy. At the trial in the superior court, before Devens, J., the facts which are material appeared substantially as follows : The railroad of the Old Colony Railroad Company was located, sixty-six feet wide, diagonally across the highway in question, so that the eastern line of the location of the railroad formed with the eastern line of the highway an acute angle, within -which the…
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Tobt for injury to the plaintiffs’ carriage sustained by reason of a defect in a highway in Quincy. At the trial in the superior court, before Devens, J., the facts which are material appeared substantially as follows : The railroad of the Old Colony Railroad Company was located, sixty-six feet wide, diagonally across the highway in question, so that the eastern line of the location of the railroad formed with the eastern line of the highway an acute angle, within -which the accident occurred on October 28, 1864. The company was incorporated by the St. of 1844, c. 150; and its road was…
1Opinion of the CourtHoar, J.
The verdict against the defendants was clearly right, so far as appears from the bill of exceptions, unless the obligation to erect and maintain a railing at the place of the accident was imposed on the railroad company. But there is no liability resting upon a town to keep a way in repair, where other sufficient provision is made by law for the maintenance of the way. Rev. Sts. c. 25, §§ 1, 22. Gen. Sts. c. 44, §§ 1, 22. Sawyer v. Northfield, 7 Cush. 491. Davis v. Leominster, 1 Allen, 182. Titcomb v. Fitchburg Railroad Co. 12 Allen, 254, *432And, upon the facts reported in the bill of…
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