Tilton v. City of Haverhill
Massachusetts Supreme Judicial Court
Tort for injuries received by the plaintiff, while walking on Stage Street in Haverhill, by reason of her leg slipping through between iron bars covering a “ sewer drop ” in the highway, the plaintiff contending that the bars spread because of the rotten condition of a white oak frame in which they were set. Writ in the Superior Court dated March 1, 1906. The case was tried before Hardy, J. The material facts are stated in the opinion.
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Tort for injuries received by the plaintiff, while walking on Stage Street in Haverhill, by reason of her leg slipping through between iron bars covering a “ sewer drop ” in the highway, the plaintiff contending that the bars spread because of the rotten condition of a white oak frame in which they were set. Writ in the Superior Court dated March 1, 1906. The case was tried before Hardy, J. The material facts are stated in the opinion. At the close of the evidence, the defendant requested the presiding judge to order a verdict for the defendant 66 on the ground that it did not appear from the…
1Opinion of the CourtLoring, J.
1. The fact that the “white oak” cross-piece " 3i inches square ” into which the iron bars were run was so rotten on the morning after the accident (which was on February 1) that a witness " could pick it to pieces,” or, as the same witness described it, " simple [simply] rotten,” warranted a finding that it was rotten in the previous fall. The case comes within the class of cases collected in Young v. Snell, 200 Mass. 242.
2. Testimony was given by one of the plaintiff’s witnesses to the fact that the part of the frame which was rotten was underneath and there was nothing to contradict that;…
2Cases cited7 opinions
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1891
- Young v. SnellMassachusetts Supreme Judicial Court · 1908
- Miller v. City of North AdamsMassachusetts Supreme Judicial Court · 1903
- Brummett v. City of BostonMassachusetts Supreme Judicial Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Shavelson v. MarcusMassachusetts Supreme Judicial Court · 1930
- Ferron v. KingMassachusetts Supreme Judicial Court · 1911
- Albert M. Buskey v. City of WorcesterMassachusetts Supreme Judicial Court · 1948
- Milano v. WassermanMassachusetts Supreme Judicial Court · 1926
- Westland Housing Corp. v. ScottMassachusetts District Court, Appellate Division · 1941