Whitcher v. City of Somerville
Massachusetts Supreme Judicial Court
Tort for injuries to the plaintiff’s horse, carriage, and harness, caused by a defect in Washington Street, in the defendant city. Trial in the Superior Court, without a jury, before Pitman,, J., who allowed a bill of exceptions, in substance as follows : Washington Street was a county road, legally established long prior to the incorporation of the Boston and Lowell Railroad Corporation.
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Tort for injuries to the plaintiff’s horse, carriage, and harness, caused by a defect in Washington Street, in the defendant city. Trial in the Superior Court, without a jury, before Pitman,, J., who allowed a bill of exceptions, in substance as follows : Washington Street was a county road, legally established long prior to the incorporation of the Boston and Lowell Railroad Corporation. It extended westerly from the Charlestown District of Boston, through Somerville, into Cambridge, and was subsequently crossed by said railroad corporation by means of a bridge over the same, resting upon…
1Opinion of the CourtC. Allen, J.
A bridge under a highway, within the meaning of the Pub. Sts. c. 112, § 128, is a bridge for travellers to use as a part of the highway, crossing the railroad over the level thereof. Cambridge v. Charlestown Branch Railroad, 7 Met. 70, 72. Sawyer v. Northfield, 7 Cush. 490. Titcomb v. Fitchburg Railroad, 12 Allen, 254. White v. Quincy, 97 Mass. 430. Rev. Sts. c. 39, § 72. Gen. Sts. e. 63, § 61. St. 1874, c. 372, § 95.
In the present case, the railroad crossed the highway, over the level thereof, by means of the bridge, and the highway was lowered for the purpose of having the railroad pass…
2Cases cited3 opinions
- Rouse v. City of SomervilleMassachusetts Supreme Judicial Court · 1881
- White v. Inhabitants of QuincyMassachusetts Supreme Judicial Court · 1867
- Smith v. Bowditch Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
3Cited by7 opinions
- City of Bloomington v. Illinois Central RailroadIllinois Supreme Court · 1895
- Brown County v. Keya Paha CountyNebraska Supreme Court · 1910
- Jenson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
- Crist v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1925
- State ex rel. City of Minneapolis v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
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