Baker v. City of Fall River
Massachusetts Supreme Judicial Court
Tort, by one injured while travelling in an automobile; by an alleged defect in Bedford Street in Pall River, consisting of a rope stretched across one side of that street from an iron stake at the side of a trench being opened in the middle of the street, to connect a house with a sewer, to a telegraph pole in the sidewalk.
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Tort, by one injured while travelling in an automobile; by an alleged defect in Bedford Street in Pall River, consisting of a rope stretched across one side of that street from an iron stake at the side of a trench being opened in the middle of the street, to connect a house with a sewer, to a telegraph pole in the sidewalk. Writ dated June 6, 1903. At the trial in the Superior Court before Sehofield, J. the jury answered special questions, submitted to them by the judge, as follows: “1. Was the plaintiff in the exercise of due care? Yes. 2. Was the automobile running at the time of the…
1Opinion of the CourtBarker, J.
This is an action brought under the provisions of R. L. c. 51, § 18, to recover compensation for personal injuries suffered in consequence of an alleged defect in Bedford Street. This street had been used for public travel for more than thirty years, and was constructed with a macadam driveway for vehicles and with sidewalks and curbs on either side. The plaintiff was riding on the right hand side of the driveway, in an automobile which ran into a rope stretched above the driveway across a portion of it extending from the curb to a point near the centre of the street, and fastened at one end…
2Cases cited6 opinions
- Richardson v. Inhabitants of DanversMassachusetts Supreme Judicial Court · 1900
- Short v. TinsleyCourt of Appeals of Kentucky · 1858
- Masonic Building Ass'n v. BrownellMassachusetts Supreme Judicial Court · 1895
- Draper v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1904
- Norris v. SaxtonMassachusetts Supreme Judicial Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Diocese of Trenton v. TomanNew Jersey Court of Chancery · 1908
- Life Casualty Co. of Tennessee v. MetcalfCourt of Appeals of Kentucky (pre-1976) · 1931
- Jernigan v. Hanover Fire Ins. Co. of New YorkSupreme Court of North Carolina · 1952
- Clinton v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1907
5 more not listed; retrieve them via the Exa API.