Cushing v. City of Boston
Massachusetts Supreme Judicial Court
Tobt for personal injuries caused by an alleged defect in Bartlett Street, in that part of Boston formerly Charlestown. Writ dated June 24, 1875. After the former decision, reported 122 Mass. 173, the case was tried in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: It appeared that the plaintiff, at the time the injury was received, was walking along the sidewalk of Bartlett Street, about half past eight o’clock in the…
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Tobt for personal injuries caused by an alleged defect in Bartlett Street, in that part of Boston formerly Charlestown. Writ dated June 24, 1875. After the former decision, reported 122 Mass. 173, the case was tried in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: It appeared that the plaintiff, at the time the injury was received, was walking along the sidewalk of Bartlett Street, about half past eight o’clock in the evening of Tuesday, November 5, 1872, and, when opposite the Bunker Hill Market, came in contact with, and fell over, the…
1Opinion of the CourtEndicott, J.
The ordinance of the city of Charlestown, offered in evidence at the trial by the plaintiff, and excluded by the court, cannot properly form, any part of the defendant’s bill of exceptions. Even if the plaintiff excepted to the ruling, which does not appear, he is not aggrieved by the exclusion, as he obtained a verdict in his favor. We cannot therefore consider that portion of the bill, or the arguments addressed to us on that subject, but must treat the questions raised by the defendant’s exceptions as if no such proffer had been made by the plaintiff. Hayden v. Stone, 112 Mass. 346, 352.
Whe…
2Cases cited3 opinions
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. GoodnowMassachusetts Supreme Judicial Court · 1875
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1877
3Cited by4 opinions
- Cushing v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Taylor v. MansonCalifornia Court of Appeal · 1908
- Aldrich v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Wolf v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1903