Hutchins v. City of Boston
Massachusetts Supreme Judicial Court
Tout for injuries resulting from an alleged defect in a highway in Boston. At the new trial in this court, before Foster, J., after the decision reported 12 Allen, 571, the facts appearing substantially as hereafter stated, a verdict was returned for the defendants under a ruling of the judge that there was no evidence of a defect in the highway for which the city was liable; and the case was reported to the full court.
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Tout for injuries resulting from an alleged defect in a highway in Boston. At the new trial in this court, before Foster, J., after the decision reported 12 Allen, 571, the facts appearing substantially as hereafter stated, a verdict was returned for the defendants under a ruling of the judge that there was no evidence of a defect in the highway for which the city was liable; and the case was reported to the full court. On December 20,1864, the plaintiff, who was a teamster, was loading his sled with cases of shoes from the store of one Converse on Gridley Street in Boston. He had carried one…
1Opinion of the Court
By the Court.
There was evidence at the trial that the sidewalk was not only slippery from ice, but also that the ice had been allowed to become uneven and rounded, so as to present a narrow surface from three to four inches higher m the centre of the strip of ice than at its sides. This evidence should have been submitted to the jury with instructions that the defendants would not be liable merely because there was ice on the sidewalk which was smooth and slippery, by reason whereof the plaintiff fell, but that the city could be held liable only in case the jury should find that, in addition…
2Cited by7 opinions
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Cloughessey v. City of WaterburySupreme Court of Connecticut · 1884
- Street v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Gilbert v. City of RoxburyMassachusetts Supreme Judicial Court · 1868
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