Olson v. City of Worcester
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defective highway in the city of Worcester. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to show that she fell on a ridge or accumulation of ice, extending over the sidewalk from the outlet of a water conductor which reached from the eaves of an adjacent building to the sidewalk, and which emptied its waters on the…
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Tort for personal injuries occasioned to the plaintiff by a defective highway in the city of Worcester. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to show that she fell on a ridge or accumulation of ice, extending over the sidewalk from the outlet of a water conductor which reached from the eaves of an adjacent building to the sidewalk, and which emptied its waters on the sidewalk, and had been there a long time; that it had snowed and rained within two or three days prior to the accident,…
1Opinion of the CourtMorton, C. J.
By the existing statutes, a town or city is liable for an injury caused by a defect in a way, if the injury might have been prevented by reasonable care and diligence on the part of the town or city, and if the town or city had reasonable notice of the defect, or might have had notice thereof by the exercise of proper care and diligence on its part. Pub. Sts. e. 52, § 18.
The degree of diligence required of officers of a town or city, in watching the way and guarding against defects, depends in some measure upon the character of the way. If there are known causes in operation likely to produce…
2Cases cited1 opinion
- Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
3Cited by15 opinions
- City of Muncie v. HeyIndiana Supreme Court · 1905
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Hofacre v. City of MonticelloSupreme Court of Iowa · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
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