Moran v. Inhabitants of Palmer
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by reason of an alleged defect in a highway which the defendant town was bound to keep in repair. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions.
1Opinion of the CourtKnowlton, J.
The exceptions in this case are. to the refusal of the court to give the instructions requested, which were as follows: “1. Upon all the evidence, the plaintiff is not entitled to recover. 2. If the jury find that the stone was neither within the limits of the travelled carriageway nor the footpath, the plaintiff is not entitled to recover. 3. If the jury find that the stone was not within the limits of the footpath, the plaintiff is not entitled to recover.”
The way upon which the plaintiff fell, at about seven o’clock in the evening, when it was somewhat dark, was a street in the village of…
2Cases cited4 opinions
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Dowd v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1874
- Aston v. City of NewtonMassachusetts Supreme Judicial Court · 1883
- Lowe v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1883
3Cited by9 opinions
- Neel v. King CountyWashington Supreme Court · 1909
- Hamlet v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1924
- Kudrna v. Sarpy CountyNebraska Supreme Court · 1933
- Miles v. CommonwealthMassachusetts Supreme Judicial Court · 1934
- Barron v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1912
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