Williams v. Inhabitants of Winthrop
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been suffered by the plaintiff on August 7, 1902, by reason of a defect at or near the intersection of Hutchinson Street and Revere Street, public ways of the defendant, and to have been caused by depressions which caused a carriage that the plaintiff was driving to tip, throwing out the plaintiff. Writ dated August 18, 1902. In the Superior Court the case was tried before Harris, J. The material facts are stated in the opinion.
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Tort for personal injuries alleged to have been suffered by the plaintiff on August 7, 1902, by reason of a defect at or near the intersection of Hutchinson Street and Revere Street, public ways of the defendant, and to have been caused by depressions which caused a carriage that the plaintiff was driving to tip, throwing out the plaintiff. Writ dated August 18, 1902. In the Superior Court the case was tried before Harris, J. The material facts are stated in the opinion. There was a verdict for the plaintiff in the sum of $2,500. The defendant alleged exceptions, which, after the resignation…
1Opinion of the CourtRttgg, C. J.
This is an action of tort to recover compensation for injuries received through an alleged defect in a public way upon which the plaintiff was a traveller.
1. There was evidence tending to show that the plaintiff was an experienced driver, and that as she turned her horse from one street to another she was looking at the street ahead, and saw nothing about the surface of the street to indicate a defect. It was for the jury to determine, upon this evidence and upon all the circumstances, as men of common experience, whether the plaintiff was in the exercise of due care. Thompson v. Bolton, 197…
2Cases cited9 opinions
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Sargent v. Inhabitants of MerrimacMassachusetts Supreme Judicial Court · 1907
- Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Williams v. HolbrookMassachusetts Supreme Judicial Court · 1913
- Mahoney v. GoochMassachusetts Supreme Judicial Court · 1923
- Guidi v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Bannister v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1938
6 more not listed; retrieve them via the Exa API.