Damon v. Inhabitants of Scituate
Massachusetts Supreme Judicial Court
Tort for personal injuries and for injuries to the plaintiff’s horse and carriage, occasioned by an allegedl'defect in a highway which the defendant was bound to keep in repair. Answer, a general denial.
Read the full summary
Tort for personal injuries and for injuries to the plaintiff’s horse and carriage, occasioned by an allegedl'defect in a highway which the defendant was bound to keep in repair. Answer, a general denial. At the trial in the Superior Court, before Rockwell, J., it appeared that the injuries were sustained by the carriage going off of a bridge over a culvert, the bridge not being protected by a railing, while the plaintiff, who was driving, was attempting to pass, on the right hand side of the road, another carriage travel-ling in the same direction. There was no evidence that the plaintiff…
1Opinion of the CourtGray, C. J.
The question at issue in this case was whether the injury' to the plaintiff was caused solely by a defect in the highway, and in no part by his own negligence.
The mere fact that he was travelling on the wrong side of the road, in violation of the statute, did not as matter of law defeat this action, if his own fault or negligence did not contribute to the injury. But it was competent evidence of negligence on his part, to be submitted to the jury. Smith v. Gardner, 11 Gray, 418. Spofford v. Harlow, 3 Allen, 176. Jones v. Andover, 10 Allen, 18, 20. Steele v. Burkhardt, 104 Mass. 59, 61.
The…
2Cases cited1 opinion
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
3Cited by21 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. HawkinsMassachusetts Supreme Judicial Court · 1893
- Wainwright v. JacksonMassachusetts Supreme Judicial Court · 1935
16 more not listed; retrieve them via the Exa API.