Barnes v. Inhabitants of Chicopee
Massachusetts Supreme Judicial Court
Two actions OF tort for injuries occasioned to the plaintiffs by a defective highway in the defendant town. The cases were tried together in the Superior Court, before Pitman, J., who reported them for the determination of this court, in substance as follows: The highway in question is in the village of Chicopee Falls, so called, running from the Granby Road westerly to Holyoke, and at about a right angle with said road.
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Two actions OF tort for injuries occasioned to the plaintiffs by a defective highway in the defendant town. The cases were tried together in the Superior Court, before Pitman, J., who reported them for the determination of this court, in substance as follows: The highway in question is in the village of Chicopee Falls, so called, running from the Granby Road westerly to Holyoke, and at about a right angle with said road. At the point where the injury happened, the highway is fifty feet wide, and is a common earth road without pavements or sidewalks. At the time of the injury, there was a…
1Opinion of the CourtDevens, J.
To entitle the plaintiffs to recover, they must show that the defect in the highway “ which caused the injury existed either in the highway, or so immediately contiguous to it as to make it dangerous to travel on the highway itself.” Sparhawk v. Salem, 1 Allen, 30. The test is “ whether there is such'a risk of a traveller, using ordinary care, in passing along the street, being thrown or falling into the dangerous place, that a railing is requisite to make the way itself safe and convenient.” Alger v. Lowell, 3 Allen, 402. Adams v. Natick, 13 Allen, 429. A town is therefore “ bound to erect…
2Cases cited4 opinions
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Murphy v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1870
- Puffer v. Inhabitants of OrangeMassachusetts Supreme Judicial Court · 1877
- Daily v. City of WorcesterMassachusetts Supreme Judicial Court · 1881
3Cited by16 opinions
- Mix v. City of MinneapolisSupreme Court of Minnesota · 1945
- City of Beaumont v. KaneCourt of Appeals of Texas · 1930
- Herndon v. Salt Lake CityUtah Supreme Court · 1908
- Birckhead v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
- Monterosso v. GaudetteMassachusetts Appeals Court · 1979
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