Talbot v. City of Taunton
Massachusetts Supreme Judicial Court
Tort for an injury caused to the plaintiff’s omnibus by a defect in a highway in the defendant city. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows : John P. Dary testified, for the plaintiff, that, on February 1, 1884, at about half-past seven o’clock in the evening, the night being quite dark, he was in the plaintiff’s employ, and driving the plaintiff’s omnibus, drawn by two horses and loaded with passengers,…
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Tort for an injury caused to the plaintiff’s omnibus by a defect in a highway in the defendant city. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows : John P. Dary testified, for the plaintiff, that, on February 1, 1884, at about half-past seven o’clock in the evening, the night being quite dark, he was in the plaintiff’s employ, and driving the plaintiff’s omnibus, drawn by two horses and loaded with passengers, from Taunton to Dighton; that, as he was driving in the middle of the travelled way on Fourth Street in Taunton, he came to…
1Opinion of the CourtGardner, J.
The case finds that Fourth Street, within the limits of which the injury to the plaintiff’s omnibus happened, was a public highway, which the defendant was bound to keep *555in repair; and that the same was laid out and accepted as a public highway by the city council of Taunton, on December 14, 1870. After the evidence was closed, the defendant asked the court to rule that, upon the evidence, the plaintiff could not recover. It is now contended that the street was not legally laid out; that, under the statutes then in force (Gen. Sts. e. 63, § 59), the mayor and aldermen, before laying out a way…
2Cases cited1 opinion
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Fleming v. City of SpringfieldMassachusetts Supreme Judicial Court · 1891
- Estate of OliverSupreme Court of Pennsylvania · 1890
- City of Fort Scott v. PeckCourt of Appeals of Kansas · 1897
- Longley v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1910