Gould v. City of Boston
Massachusetts Supreme Judicial Court
Tout for an injury sustained by the plaintiff through a defect in a certain way called City Hall Avenue, leading from School Street to Court Square in the city of Boston. At the trial in this court, before Ames, J., the plaintiff introduced evidence as to the nature of the alleged defect in the way and the injury sustained by her.
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Tout for an injury sustained by the plaintiff through a defect in a certain way called City Hall Avenue, leading from School Street to Court Square in the city of Boston. At the trial in this court, before Ames, J., the plaintiff introduced evidence as to the nature of the alleged defect in the way and the injury sustained by her. A question was then raised, whether the way in question was a “ highway, town way, causeway or bridge ” for which the city was responsible within the Gen. Sts. e. 44; and the judge, deeming it to be expedient that the case should be so far tried as to determine…
1Opinion of the CourtGbay, C. J.
In Hemphill v. Boston, 8 Cush. 195, the point decided was that the city of Boston was not liable for an injury to a horse and carriage by a defect in a way which had been laid out and dedicated as a footpath only. In Oliver v. Worcester, 102 Mass. 489, the decision was that a footpath across the common in the city of Worcester, which was not shown to have been laid out by municipal authority, or specially dedicated to the public use as a footpath, was not a highway for defects in which the city was liable to travellers under the Gen. Sts. c. 44, §§ 1, 22. But in each of those cases the court…
2Cases cited2 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Tyler v. SturdyMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Russell v. City of TacomaWashington Supreme Court · 1894
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Clark v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1880
- Boston & Albany Railroad v. City of BostonMassachusetts Supreme Judicial Court · 1885