Legal Opinion

Connelly v. City of Boston

Massachusetts Supreme Judicial Court

Decided May 18, 1910PublishedCited by 13 opinions

Tort for personal injuries sustained by reason of an alleged defect in Washington Street, a public highway of the defendant, on the evening of March 8,1906. Writ dated March 15, 1906. At the trial in the Superior Court before Dana, J., the evidence for the plaintiff was presented which is described in the opinion.

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Tort for personal injuries sustained by reason of an alleged defect in Washington Street, a public highway of the defendant, on the evening of March 8,1906. Writ dated March 15, 1906. At the trial in the Superior Court before Dana, J., the evidence for the plaintiff was presented which is described in the opinion. The defendant offered no evidence, and the judge ruled that the action could not be maintained and ordered a verdict for the defendant, with the understanding that the case should be reported for determination by this court. The judge so reported the case, with the agreement of the…

1Opinion of the CourtKnowlton, C. J.

This is an action to recover for a personal injury caused by a defect in a public street. Between half past ten and eleven o’clock in the evening the plaintiff left the Park Theatre, and as she was walking near the railway track on Washington Street, in an attempt to take a street car, the pavement suddenly gave way and one of her feet went down to a considerable depth below the surface of the street. This condition of the street was a serious defect. It had been raining hard through the day and evening, and the pavement in some places was a little muddy as well as wet. The jury well might…

2Cited by13 opinions

  1. Scholl v. New England Power Service Co.Massachusetts Supreme Judicial Court · 1960
  2. Ryder v. City of TauntonMassachusetts Supreme Judicial Court · 1940
  3. Stewart v. Hugh Nawn Contracting Co.Massachusetts Supreme Judicial Court · 1916
  4. Stone v. City of BostonMassachusetts Supreme Judicial Court · 1932
  5. Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1930

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