Sheren v. City of Lowell
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. c. 44, § 22, for injuries alleged to have been caused to the plaintiff by a defect in Merrimack Street, in Lowell, a highway which the defendants were bound to keep in repair and on which the plaintiff was travelling with due care at the time of the accident. The answer denied each and every allegation of the declaration, except that the defendants were bound to keep the street in repair.
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Tort on the Gen. Sts. c. 44, § 22, for injuries alleged to have been caused to the plaintiff by a defect in Merrimack Street, in Lowell, a highway which the defendants were bound to keep in repair and on which the plaintiff was travelling with due care at the time of the accident. The answer denied each and every allegation of the declaration, except that the defendants were bound to keep the street in repair. At the trial, before Ames, J., it appeared that the plaintiff was an operative in the Suffolk Mills, and was going, with due care, to her work, on the morning of Monday, February 8,…
1Opinion of the CourtColt, J.
1. The testimony of Smith, as to the condition of the sidewalk, became material by the testimony of another witness, which fixed the time when he observed it as being shortly before the injury.
2. The defendants’ witness Belden, on cross-examination, stated a new and material fact, not disclosed in the plaintiff’s case; and there can be no doubt of the plaintiff’s right to rebut this new matter by her own denial.
3. As to the rulings of the judge in the matter of the interrogatories to the plaintiff filed by the defendants, the defendants’ answer was simply a denial of the material facts stated…
2Cited by4 opinions
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Wetherbee v. WinchesterMassachusetts Supreme Judicial Court · 1880
- Baker v. CarpenterMassachusetts Supreme Judicial Court · 1879
- Ward v. Mutual Trucking Co.Ohio Court of Appeals · 1933