McMahon v. Inhabitants of Harvard
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, against the town of Harvard for injury to a horse of the plaintiff alleged to have been sustained on August 11,1911, by reason of a want of a sufficient railing on Fairbanks Street, a public way which it was the duty of the defendant to maintain and repair.
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Tort under R. L. c. 51, § 18, against the town of Harvard for injury to a horse of the plaintiff alleged to have been sustained on August 11,1911, by reason of a want of a sufficient railing on Fairbanks Street, a public way which it was the duty of the defendant to maintain and repair. Writ in the Second District Court of Eastern Worcester dated October 3, 1911. On appeal to the Superior Court the case was tried before Sanderson, J. The facts which were shown by the plaintiff’s evi-. dence are stated in the opinion. Fairbanks Street was a country road and the part of it where the accident…
1Opinion of the CourtDeCotjrcy, J.
This is an action under R. L. c. 51, § 18, to recover damages for injuries to the plaintiff’s horse caused by the alleged negligence of the defendant in failing to maintain a sufficient railing along one of its public ways.
The plaintiff was driving a pair of horses, hitched to an empty wagon, on the right hand side of Fairbanks Street, and having turned aside to allow another team to pass, he stopped for a few moments. His wagon was then about two feet from the side of the way. At that point the adjoining land was two and a half feet below the level of the road, and a one-rail fence on top of…
2Cases cited10 opinions
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- Flagg v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1886
- Pomeroy v. Inhabitants of WestfieldMassachusetts Supreme Judicial Court · 1891
- Lyman v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1871
- Noyes v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kelleher v. City of NewburyportMassachusetts Supreme Judicial Court · 1917
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Bond v. Inhabitants of BillericaMassachusetts Supreme Judicial Court · 1920
- Carroll v. City of LowellMassachusetts Supreme Judicial Court · 1947
- Whalen v. City of BostonMassachusetts Supreme Judicial Court · 1939
3 more not listed; retrieve them via the Exa API.