Lowe v. Inhabitants of Clinton
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant town. After the former decision, reported 133 Mass. 526, the case was tried in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: On the night of May 9, 1879, the plaintiff, while walking on the east side of North Main Street in the defendant town, struck her foot against a pine stump, and was thrown down and injured.
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Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant town. After the former decision, reported 133 Mass. 526, the case was tried in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: On the night of May 9, 1879, the plaintiff, while walking on the east side of North Main Street in the defendant town, struck her foot against a pine stump, and was thrown down and injured. The evidence tended to show that for nearly forty years the greater portion of the foot travel along the highway in…
1Opinion of the Court
By the Court.
The instruction requested by the defendant was given in substance by the presiding justice of the Superior Court, who instructed the jury that “the plaintiff could not recover unless the alleged defect was in the travelled path.” Under this instruction, the jury must have found that the obstruction was in the travelled path, and not out of it and in the grass.
Exceptions overruled.
2Cited by3 opinions
- Neel v. King CountyWashington Supreme Court · 1909
- Moran v. Inhabitants of PalmerMassachusetts Supreme Judicial Court · 1894
- Morris, Adm'r. v. Langley MillsSupreme Court of South Carolina · 1922