Cook v. City of Charlestown
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been sustained by Mrs. Cook by reason of a defect in a highway in Charlestown which the city was bound to keep in repair.
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Tort for injuries alleged to have been sustained by Mrs. Cook by reason of a defect in a highway in Charlestown which the city was bound to keep in repair. At the trial in the superior court, before Wilkinson, J., the plaintiffs offered to prove that on September 7, 1865, between twelve and one o’clock afternoon, the gray horse of a traveller dropped dead on one of the principal streets in Charlestown, within the travelled limits of the way, rendering it unsafe for travellers, and constituting a defect, and was suffered to remain there until after the accident, notwithstanding due notice to…
1Opinion of the CourtHoar, J.
The bill of exceptions now presented contains but one statement of fact which distinguishes the case from that which was before us upon the exceptions taken at a previous trial. That fact is, that when the plaintiff’s horse was frightened at the dead horse in the street, and ran away, he was going directly upon it, was within a few feet of it, and would have gone upon it if he had not sprung to one side. This does not, in our opinion, change the aspect of the case materially.
The proximate cause of the injury was that the plaintiff’s horse, frightened, and going at a speed which could not be…
2Cited by15 opinions
- Mayor of Macon v. DykesSupreme Court of Georgia · 1898
- Bowes v. City of BostonMassachusetts Supreme Judicial Court · 1892
- Trum v. Town of PaxtonMassachusetts Supreme Judicial Court · 1952
- Dunn v. Town of BarnwellSupreme Court of South Carolina · 1895
- Ayer v. City of NorwichSupreme Court of Connecticut · 1872
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