Wakefield v. Boston Coal Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred on March 17,1904, from stepping into a coal hole in the sidewalk near No. 865 on Washington Street in Boston, alleged to have been left open, and unguarded through the negligence of a servant of the defendant.
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Tort for personal injuries incurred on March 17,1904, from stepping into a coal hole in the sidewalk near No. 865 on Washington Street in Boston, alleged to have been left open, and unguarded through the negligence of a servant of the defendant. Writ dated July 15, 1904. In the Superior Court the case was tried before Stevens, J. The plaintiff testified on direct examination: “I am sixty-five years of age ; on March 17 I was living in Dorchester; I came into town to see the parade ; after the parade I started to take a car; I strolled up the street, watching for the cars ; I was on Washington…
1Opinion of the CourtBraley, J.
It is settled, that generally a traveller who suffers personal injuries from a defective public way is not as matter of law precluded from recovery simply because he had previous knowledge of the defect. Torphy v. Fall River, 188 Mass. 310, 314. Campbell v. Boston, 189 Mass. 7, 10. Under the authority of these decisions, the plaintiff’s conduct could have been found consistent with the ordinary care of prudent travellers. The volume of travel in both directions being large, if the plaintiff as he walked failed to see and a void,the hole into which he fell, although observing a coal team with…
2Cases cited6 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McGinley v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1924
- McAllister's CaseMassachusetts Supreme Judicial Court · 1918
- Dennehy v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1947
- O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Gillis v. Cambridge Gas Light Co.Massachusetts Supreme Judicial Court · 1909
4 more not listed; retrieve them via the Exa API.