Johnson v. Salem Turnpike & Chelsea Bridge Corp.
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries occasioned by the upsetting of a sleigh in which the plaintiff was riding about midnight of January 6, 1869, caused by a defect in the defendants’ turnpike.
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Tort to recover for personal injuries occasioned by the upsetting of a sleigh in which the plaintiff was riding about midnight of January 6, 1869, caused by a defect in the defendants’ turnpike. At the trial, in this court, before Colt, J., there was evidence tending to show that the defect, if any, consisted in the piling up of the snow by a snow-plough run on the track of the Boston & Chelsea Railroad Company, a street railway corporation, for the purpose of clearing the same; that the snow was left, as is usual in the case of streets occupied and used by horse railways, sloping for about…
1Opinion of the CourtMorton, J.
The charter of the defendant corporation provides that “ said corporation shall be liable to pay all damages that shall happen to any person from whom the toll is demand-able, for any damage which shall arise from the defect of bridges or want of repairing said ways, and shall also be liable to presentment by the grand jury for not keeping the same in good repair.” St. 1801, e. 63, § 9. The General Statutes respecting turnpike corporations contain substantially the same provisions. Gen. Sts. c. 62, § 12. Under these provisions the defendants were liable to the plaintiff for damages arising…
2Cited by5 opinions
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