Fogg v. Inhabitants of Nahant
Massachusetts Supreme Judicial Court
Two actions of tort ; for personal injuries sustained by the plaintiff Fogg, and for injury of a carriage owned by the plaintiff May, alleged to have been caused by a defect in a highway in the town of Nahant which the defendants were bound to keep in repair.
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Two actions of tort ; for personal injuries sustained by the plaintiff Fogg, and for injury of a carriage owned by the plaintiff May, alleged to have been caused by a defect in a highway in the town of Nahant which the defendants were bound to keep in repair. These actions were tried together in the superior court, before Putnam, J., who refused a request of the defendants for a ruling that the evidence was not sufficient to support them, and, after verdicts for the plaintiffs, reported the cases, with all the evidence, to this court, new trials to be granted if the ruling requested should…
1Opinion of the CourtHoar, J.
Upon the report in these actions, which depend substantially upon the same facts, the court are called upon to determine whether the evidence will, as matter of law, support the verdicts for the plaintiffs. The rule which applies to such a question has been recently stated in the case of Forsyth v. Hooper, 11 Allen, 419. It is not a question of the weight of evidence; but whether, upon the points material to the maintenance of the action, there was any evidence which tended to support the plaintiffs’ case.
The place where the accident happened was at the foot of a hill, where the road, which…
2Cases cited1 opinion
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
3Cited by15 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- City of Crawfordsville v. SmithIndiana Supreme Court · 1881
- Hill v. GustIndiana Supreme Court · 1876
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
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