Lyons v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained through an alleged defect in a highway in the defendant town. At the trial in the Superior Court, before Dewey, J., there was evidence tending to show that the plaintiff, a child between three and four years old, was permitted by her parents to go out into a public highway in the defendant town, for the purpose of walking thereon; that she sat down on the sidewalk with her feet in the gutter, near some stones that had been placed there by…
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Tort for personal injuries sustained through an alleged defect in a highway in the defendant town. At the trial in the Superior Court, before Dewey, J., there was evidence tending to show that the plaintiff, a child between three and four years old, was permitted by her parents to go out into a public highway in the defendant town, for the purpose of walking thereon; that she sat down on the sidewalk with her feet in the gutter, near some stones that had been placed there by the defendant to be used as curb-stones; that there were other young children playing about these stones, and that in…
1Opinion of the Court
By the Court.
The jury, under the instructions given them, having found that the plaintiff was not travelling in the highway, and that the injury to her was caused by the act of third persons, the town is not liable. Tighe v. Lowell, ante, 472. Kidder v. Dunstable, 7 Gray, 104. Exceptions overruled.
2Cited by8 opinions
- Caissie v. City of CambridgeMassachusetts Supreme Judicial Court · 1944
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
- Gulline v. City of LowellMassachusetts Supreme Judicial Court · 1887
- Corrigan v. Board of CommissionersWest Virginia Supreme Court · 1914
- Mobus v. Town of WaitsfieldSupreme Court of Vermont · 1902
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