Fitzgerald v. Inhabitants of Woburn
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. e. 44, § 22, for injuries resulting to the plaintiff from slipping and falling on the sidewalk of a highway which the defendants were bound to keep in repair, in front of the Central House, a hotel in Woburn.
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Tort on the Gen. Sts. e. 44, § 22, for injuries resulting to the plaintiff from slipping and falling on the sidewalk of a highway which the defendants were bound to keep in repair, in front of the Central House, a hotel in Woburn. Trial in this court before Ames, J., who with consent of the parties reported the case before verdict for the determination of the full court; judgment to be entered for the defendants if the plaintiff’s evidence, as reported, was insufficient to warrant a verdict for him; otherwise the case to stand for trial. The material facts are stated in the opinion.
1Opinion of the CourtGbay, J.
The only question argued upon this report is whethei the evidence is sufficient to warrant a jury in finding a defect in the highway.
This court, while holding that mere slipperiness of a sidewalk, of no unusual slope or construction, by reason of a coating of ice of substantially uniform thickness, from whatever cause arising, is not a defect or want of repair, for which a city or town can be made liable in damages, has also held that a sidewalk, constructed of such form and slope as naturally and usually to induce such a collection or formation of ice as to be peculiarly dangerous to…
2Cases cited3 opinions
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Street v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Pinkham v. TopsfieldMassachusetts Supreme Judicial Court · 1870
3Cited by11 opinions
- Huston v. City of Council BluffsSupreme Court of Iowa · 1897
- Cromarty v. City of BostonMassachusetts Supreme Judicial Court · 1879
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Adams v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1888
- Navarre v. City of Benton HarborMichigan Supreme Court · 1901
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