Stoddard v. Inhabitants of Winchester
Massachusetts Supreme Judicial Court
Tort, to recover damages for injuries sustained through a defect in Lincoln Street, a highway which the defendant town was bound to keep in repair. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions in substance as follows. There was evidence tending to prove the following facts.
Read the full summary
Tort, to recover damages for injuries sustained through a defect in Lincoln Street, a highway which the defendant town was bound to keep in repair. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions in substance as follows. There was evidence tending to prove the following facts. About six months prior to the accident, the employees of the water board of the town had dug a trench through Lincoln Street, laid a water-pipe therein, and replaced the earth. The street had been used thereafter up to the time of the accident. There was no evidence that the earth in…
1Opinion of the CourtAllen, J.
The softening of the earth in the road, under the influence of a heavy storm, appears to have been due to the digging of a trench for a water-pipe about six months previously to the time of the accident. The street had been used meanwhile, and there was no evidence that the earth had softened, or that any danger or defect existed, until within an hour of the plaintiff’s accident; and there was no claim that the town had notice, or might by the exercise of reasonable care and diligence have had notice, of the actual softening of the earth.
Under these circumstances, we think the case should…
2Cited by18 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Perrotti v. BennettSupreme Court of Connecticut · 1920
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Gregoire v. City of LowellMassachusetts Supreme Judicial Court · 1925
- Miller v. Village of MullanIdaho Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.