Pratt v. Inhabitants of Weymouth
Massachusetts Supreme Judicial Court
Tort for personal injuries. The first count of the declaration set forth a cause of action under the statute for injuries occasioned by a defect in Commercial ^Street, a highway which the defendant was bound to keep in repair, and alleged that a derrick erected for the repair of a culvert in that street was so insufficiently supported that it fell, by its own weight and by that of a load placed upon it, upon the plaintiff, who in the exercise of due care was lawfully…
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Tort for personal injuries. The first count of the declaration set forth a cause of action under the statute for injuries occasioned by a defect in Commercial ^Street, a highway which the defendant was bound to keep in repair, and alleged that a derrick erected for the repair of a culvert in that street was so insufficiently supported that it fell, by its own weight and by that of a load placed upon it, upon the plaintiff, who in the exercise of due care was lawfully travelling upon the street, due notice- of the time, place, and cause of injury being given. The second count of the…
1Opinion of the CourtDevens, J.
The Superior Court having ruled upon the evidence offered by the plaintiff that he was not entitled to recover, and having ordered a verdict for the defendant, the question is presented, whether, upon either of the two causes of action, set forth in the different counts of the plaintiff’s declaration, he was entitled to have the case submitted to the jury. We shall not have occasion to consider whether the plaintiff was to be deemed a traveller upon the highway, which the defendant was bound to keep in repair, or whether, if the cause of the injury to the plaintiff was a defect therein for…
2Cases cited13 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Waldron v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Deane v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Whalen v. Worcester Electric Light Co.Massachusetts Supreme Judicial Court · 1940
- Caissie v. City of CambridgeMassachusetts Supreme Judicial Court · 1944
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
25 more not listed; retrieve them via the Exa API.