Carney v. Proctor
Massachusetts Supreme Judicial Court
Tort. Writ dated November 28, 1919. The allegations of the declaration, as amended, were that on October 5, 1919, the plaintiff “was a pedestrian . . . walking in a westerly direction on West Main Street in the town of Ayer, and when at or near that portion of the sidewalk opposite the defendant’s premises, and of which said premises was an abutter on the highway, that the said plaintiff fell owing to the negligence of the defendant, his agents or servants who constructed a…
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Tort. Writ dated November 28, 1919. The allegations of the declaration, as amended, were that on October 5, 1919, the plaintiff “was a pedestrian . . . walking in a westerly direction on West Main Street in the town of Ayer, and when at or near that portion of the sidewalk opposite the defendant’s premises, and of which said premises was an abutter on the highway, that the said plaintiff fell owing to the negligence of the defendant, his agents or servants who constructed a sidewalk in front of said premises in such a negligent manner in that the said sidewalk had steep projecting banks or…
1Opinion of the CourtDe Courcy, J.
The declaration alleges in substance that the plaintiff was injured while walking on a sidewalk in front of the defendant’s premises; that the walk was constructed by the defendant in a negligent manner, “in that the said sidewalk had steep projecting banks or sides that formed a hole or declivity, constituting a defect and making said sidewalk unsafe and dangerous and of such an unusual character that a rail or barrier should have been put up to make the use of said sidewalk reasonably safe for the purpose of travel.” It further alleges that he fell and was injured by reason of said…
2Cases cited5 opinions
- Board of Survey v. Suburban Land Co.Massachusetts Supreme Judicial Court · 1920
- Howard v. Central Amusement Co.Massachusetts Supreme Judicial Court · 1916
- Thompson v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Appleton v. Inhabitants of NantucketMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. FranklinMassachusetts Supreme Judicial Court · 1882
3Cited by9 opinions
- Pollock v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1935
- New England Bond & Mortgage Co. v. BrockMassachusetts Supreme Judicial Court · 1930
- Cole v. ColeMassachusetts Supreme Judicial Court · 1931
- Lioni v. MarrMassachusetts Supreme Judicial Court · 1946
- McCarthy v. ShaheenMassachusetts Supreme Judicial Court · 1928
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