Weeks v. Inhabitants of Needham
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to the plaintiff on January 21, 1890, in consequence of alleged defects in a public way in the defendant town. The defects alleged consisted of insufficient width of the way in a causeway leading to a culvert, and the want of sufficient railings, fences, and barriers thereto, the plaintiff contending that in consequence thereof the buggy in which'he was riding was thrown from the causeway.
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Tort, for injuries occasioned to the plaintiff on January 21, 1890, in consequence of alleged defects in a public way in the defendant town. The defects alleged consisted of insufficient width of the way in a causeway leading to a culvert, and the want of sufficient railings, fences, and barriers thereto, the plaintiff contending that in consequence thereof the buggy in which'he was riding was thrown from the causeway. The defendant admitted that the way at the place in question had been in substantially the same condition for several years before as it was at the time of the alleged…
1Opinion of the CourtMorton, J.
The evidence admitted as to the population of the defendant town, its valuation, rate of taxation, amount of appropriation for highways, and the number of miles of public ways in it, was all competent on the question of reasonable care and diligence on the part of the town in preventing or remedying the alleged defect. Rooney v. Randolph, 128 Mass. 580. Hayes v. Cambridge, 136 Mass. 402, and 138 Mass. 461. Sanders v. Palmer, 154 Mass. 475. It was for the jury to consider its weight in connection with all the other circumstances ; and, *291so far as ifc included elements not heretofore passed upon…
2Cases cited7 opinions
- Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
- Brigham v. ClarkMassachusetts Supreme Judicial Court · 1868
- Rooney v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1880
- Hayes v. City of CambridgeMassachusetts Supreme Judicial Court · 1884
- Hayes v. City of CambridgeMassachusetts Supreme Judicial Court · 1885
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3Cited by5 opinions
- Robinson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- O'Brien v. City of WoburnMassachusetts Supreme Judicial Court · 1904
- Daley v. Town of SwampscottMassachusetts Appeals Court · 1981
- Adams v. Inhabitants of StonehamMassachusetts Supreme Judicial Court · 1907
- Ledbetter v. City of KirksvilleMissouri Court of Appeals · 1912