Legal Opinion

Burt v. City of Boston

Massachusetts Supreme Judicial Court

Decided March 7, 1877PublishedCited by 11 opinions

Tort for personal injuries sustained tnrough an alleged defect in.Boylston Street, in the city of Boston. At the trial in this1- court, before Lord, J., it was in evidence for the plaintiff, that in July, 1873, he hired lodgings at No. 35 Boylston Street, consisting of two rooms, up one flight, of a Mrs. Knight, at the price of $8.50 a week, which included care of the rooms and fire; that he occupied the rooms from that time till February 22, 1874, the day of the accident,…

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Tort for personal injuries sustained tnrough an alleged defect in.Boylston Street, in the city of Boston. At the trial in this1- court, before Lord, J., it was in evidence for the plaintiff, that in July, 1873, he hired lodgings at No. 35 Boylston Street, consisting of two rooms, up one flight, of a Mrs. Knight, at the price of $8.50 a week, which included care of the rooms and fire; that he occupied the rooms from that time till February 22, 1874, the day of the accident, in part as lodgings and in part for the preparation and sale of a medicine; that the lower story of the house was…

1Opinion of the CourtMorton, J.

The statute provides that highways shall be kept in repair at the expense of the town or city in which they *226are situated, so that they shall be safe and convenient for travellers, and that any person, who receives injury through a defect or want of repair in a highway, may recover damages therefor of the town or city by law obliged to repair the same, if such town or city had reasonable notice of the defect, or the defect had existed for twenty-four hours previously to the occurrence of the injury. Gen. Sts. c. 44, §§ 1, 22. There is no provision of the statute, which limits the liability of…

2Cases cited4 opinions

  1. Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
  2. Leonard v. StorerMassachusetts Supreme Judicial Court · 1874
  3. Bartlett v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1875
  4. Larue v. Farren Hotel Co.Massachusetts Supreme Judicial Court · 1874

3Cited by11 opinions

  1. Moon v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
  2. Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
  3. Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
  4. Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
  5. Landru v. LundSupreme Court of Minnesota · 1888

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