Lund v. Inhabitants of Tyngsborough
Massachusetts Supreme Judicial Court
This was an action on the case, tried in this court before Fletcher, J., in which the plaintiffs sought to recover damages for an injury alleged to have been received by the female plaintiff, in consequence of a defect in a highway in the town of Tyngsborough, which the defendants were legally bound to keep in such condition that the same might be safe and convenient for travellers, with their horses, teams, and carriages, al ill seasons of the year.
Read the full summary
This was an action on the case, tried in this court before Fletcher, J., in which the plaintiffs sought to recover damages for an injury alleged to have been received by the female plaintiff, in consequence of a defect in a highway in the town of Tyngsborough, which the defendants were legally bound to keep in such condition that the same might be safe and convenient for travellers, with their horses, teams, and carriages, al ill seasons of the year. The alleged defect consisted in a hole left open at the end of and extending around the mouth of a culvert, unguarded by any railing or…
1Opinion of the CourtFletcheR, J.
It was maintained, on the part of the defendants, that the answers to the twelfth and thirteenth interrogatories in the deposition of John Kendall, and the answer to the seventh interrogatory in the deposition of George Wright, were improperly admitted in evidence, because they merely expressed opinions of the witnesses, who were not experts, and were not statements of any facts. But the court do not so understand the testimony. The witnesses are not asked their opinion as to the sufficiency or insufficiency of the road. But the inquiry was as to the actual condition of the road in point of…
2Cases cited3 opinions
- Noyes v. WardSupreme Court of Connecticut · 1848
- Enos v. TuttleSupreme Court of Connecticut · 1820
- Gray v. GoodrichNew York Supreme Court · 1810
3Cited by2 opinions
- John v. Tribune CompanyAppellate Court of Illinois · 1960
- Fitzpatrick v. Woodmen of World Life InsuranceMissouri Court of Appeals · 1944