Inhabitants of Woburn v. Henshaw
Massachusetts Supreme Judicial Court
Tort to recover the amount of damages recovered against the plaintiffs by Garvin C. Bingham, in a suit for injuries received by him on June 6, 1866, by reason of a defect in a bridge which crossed a canal and formed part of a highway, called Central Street, in Woburn.
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Tort to recover the amount of damages recovered against the plaintiffs by Garvin C. Bingham, in a suit for injuries received by him on June 6, 1866, by reason of a defect in a bridge which crossed a canal and formed part of a highway, called Central Street, in Woburn. At the trial, before Foster, J., the material facts appeared as follows : Bingham, travelling on the highway, was injured by being thrown from his carriage by reason of a defect in the bridge; sued the plaintiffs, and recovered $6500 damages. The defendant had notice of the pendency of the suit, and was requested to assume the…
1Opinion of the CourtAmes, J.
The only matter that seems to be in controversy between these parties is the question whether the defendant was the person bound by law to keep the bridge in repair. It is established by the verdict that its decayed and unsafe condition was the sole cause of the accident.
The jury have found, under instructions which appear to have been correct, that the highway was of earlier date than the canal. The owner of the soil traversed by the highway had a right to construct a watercourse across it, subject to the limitation that in so doing he was bound at his own expense to make and keep in repair…
2Cases cited1 opinion
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1867
3Cited by50 opinions
- Mercantile Nat. Bank at Dallas v. LangdeauSupreme Court of the United States · 1963
- First Nat. Bank of Charlotte v. MorganSupreme Court of the United States · 1889
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Commonwealth v. BernierMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
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