Washburn v. Inhabitants of Easton
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff in November, 1897, while driving along a public highway in the defendant town by colliding with shade trees set out by order of the road commissioners, Trial in the Superior Court, before Hopkins, J., who, at the request of the defendant, ruled that, upon all the evidence, the plaintiff was not entitled to maintain the action, and directed a verdict for the defendant; and the plaintiff alleged exceptions.
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Tort, for personal injuries occasioned to the plaintiff in November, 1897, while driving along a public highway in the defendant town by colliding with shade trees set out by order of the road commissioners, Trial in the Superior Court, before Hopkins, J., who, at the request of the defendant, ruled that, upon all the evidence, the plaintiff was not entitled to maintain the action, and directed a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHammond, J.
The plaintiff, while travelling in his team in a southerly direction on the highway, overtook another team, and while he was attempting to pass it on the left his carriage came in contact with some shade trees, and he was hurt. These trees were in a line substantially parallel with the easterly wall of the highway, and about six feet distant therefrom, and were in the shoulder of the part of the road which was worked for travel, and distant easterly from such part two feet and nine inches. The trees had been set out about ten years before, under Pub. Sts. c. 54, § 6, by the road commissioners…
2Cases cited5 opinions
- Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Cushing v. Inhabitants of BedfordMassachusetts Supreme Judicial Court · 1878
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1889
- Johnson v. Salem Turnpike & Chelsea Bridge Corp.Massachusetts Supreme Judicial Court · 1872
3Cited by12 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
- Valvoline Oil Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1920
- Birckhead v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
- Wright v. City of ChelseaMassachusetts Supreme Judicial Court · 1911
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