Purple v. Inhabitants of Greenfield
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on July 9, 1881, by an alleged defect in a highway in the defendant town.
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Tort for personal injuries occasioned to the plaintiff, on July 9, 1881, by an alleged defect in a highway in the defendant town. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The place where the plaintiff was injured was an opening in front of a cellar window in a building owned, but not occupied, by one Hovey, about ten feet distant from the corner of Main Street and Federal Street, two of the principal streets in the business portion of the defendant town. The opening was about one foot and two inches wide, two and a half feet…
1Opinion of the CourtHolmes, J.
1. The request for a ruling that the town could not recover over from the owner or occupant was made to the court upon a different ground from that on which the defendant now seeks to support it. It was asked for in aid of the defendant’s argument to the jury, that it was hard that the town should have to pay for the fault of the owner of the premises, when the plaintiff might have sued him, and the town could not. From this point of view, the consideration was one with which the jury had nothing to do. But the defendant now says that the instruction should have been given as adding to the…
2Cases cited6 opinions
- Larue v. Farren Hotel Co.Massachusetts Supreme Judicial Court · 1874
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1877
- Inhabitants of Woburn v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1872
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1878
- Hodgkins v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Scollans v. RollinsMassachusetts Supreme Judicial Court · 1901
- Garland v. StetsonMassachusetts Supreme Judicial Court · 1935
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Cameron v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1902
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
3 more not listed; retrieve them via the Exa API.