Scanlan v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an alleged defect in A Street in the defendant city. Trial in the Superior Court, before Barker, J., who ordered a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
A highway in the defendant city crossed a railroad at grade. The railroad had two lines of tracks, the inner rails of which were eight feet apart, and the railroad company planked the whole space between eight inches outside of the outer rails. The plaintiff claimed that he was injured in consequence of the defective condition of the planking between the two tracks. The question is, whether a ruling that the defendant was not responsible for the condition of the planking was correct.
The defendant was bound to keep the highway in repair, and was responsible for defects in it where other…
2Cases cited1 opinion
- Rouse v. City of SomervilleMassachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Noyes v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1888
- Old Colony Railroad v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Cammett v. City of HaverhillMassachusetts Supreme Judicial Court · 1908
- Harris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
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