Legal Opinion
Wershba v. City of Lynn
Massachusetts Supreme Judicial Court
Decided June 2, 1949PublishedCited by 24 opinions
1Opinion of the CourtSpalding, J.
This is an action of tort in which the plaintiff seeks to recover compensation from the defendant city for p'ersonal injuries sustained by him when a public shade tree located on a public way fell on an automobile of which he was an occupant. The plaintiff’s declaration contained two counts. The first is based on the statute (G. L. [Ter. Ed.] c. 84, §§ 1, 15) and alleges a defect in the way; the second alleges a nuisance.
Prior to the trial of the case the defendant filed a motion to reduce the ad damnum (which was $20,000) to $4,000, and a motion to strike out the second count. Both motions…
2Cases cited33 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
28 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Alholm v. Town of WarehamMassachusetts Supreme Judicial Court · 1976
- Kurtigian v. City of WorcesterMassachusetts Supreme Judicial Court · 1965
- Jones v. District of ColumbiaDistrict of Columbia Court of Appeals · 1956
- Trum v. Town of PaxtonMassachusetts Supreme Judicial Court · 1952
19 more not listed; retrieve them via the Exa API.