Thomas v. Inhabitants of Winthrop
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, against the town of Winthrop for personal injuries sustained on September 27, 1913, by reason of an alleged defect in the sidewalk of Shirley Street, a public highway which it was the duty of the defendant to keep in repair, consisting of a pipe or shut-off box alleged to have been permitted through the negligence of the defendant to project above the level of the sidewalk.
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Tort under R. L. c. 51, § 18, against the town of Winthrop for personal injuries sustained on September 27, 1913, by reason of an alleged defect in the sidewalk of Shirley Street, a public highway which it was the duty of the defendant to keep in repair, consisting of a pipe or shut-off box alleged to have been permitted through the negligence of the defendant to project above the level of the sidewalk. Writ dated March 5, 1914. In the Superior Court the case was tried before Fox, J. At the close of the evidence, which is described in the opinion, the defendant asked the judge to make, among…
1Opinion of the CourtCarroll, J.
The plaintiff was injured September 27, 1913, by tripping on an iron cover, known as a water shut-off box, in the sidewalk of Shirley Street in the defendant’s town.
I. The jury could find the way was defective. The sidewalk was of hard gravel, the top of the shut-off box projected in the form of a lip about one sixteenth of an inch, in a half round shape, and was from one and one quarter to two inches above the level of the sidewalk. As the plaintiff was walking on this sidewalk about ten o’clock at night, her foot caught between the top of the box and the surface of the gravel, she was…
2Cases cited4 opinions
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Redford v. City of WoburnMassachusetts Supreme Judicial Court · 1900
- O'Brien v. City of WoburnMassachusetts Supreme Judicial Court · 1904
- Noyes v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1888
3Cited by9 opinions
- Dillon v. Town of FraminghamMassachusetts Supreme Judicial Court · 1934
- Sears v. Town of GreenfieldMassachusetts Supreme Judicial Court · 1934
- George v. City of MaldenMassachusetts Supreme Judicial Court · 1931
- Guidi v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Whittaker v. Town of BrooklineMassachusetts Supreme Judicial Court · 1945
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