Stanton v. City of Salem
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff, a minor, by falling on a sidewalk on Winter Street in the city of Salem. = Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified as follows: “ About nine o’clock on Monday morning, December 21,. 1885, I was walking on the sidewalk in front of the dwelling-house occupied by George It. Jewett, No. 24 Winter Street in Salem.
Read the full summary
Tort, for personal injuries sustained by the plaintiff, a minor, by falling on a sidewalk on Winter Street in the city of Salem. = Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified as follows: “ About nine o’clock on Monday morning, December 21,. 1885, I was walking on the sidewalk in front of the dwelling-house occupied by George It. Jewett, No. 24 Winter Street in Salem. I struck my foot against a piece of ice which projected above the level of the sidewalk about two inches, and fell down and sprained my ankle.…
1Opinion of the Court
Morton, O. J.
In an action brought under the Pub. Sts. c. 52, § 18, the burden is upon the plaintiff to show, not only a defect in a highway, but also that the defect was one which the proper officers either had knowledge of, or, by the exercise of reasonable care and diligence, might have had knowledge of, in time to have remedied it or to have prevented the injury complained of. Hanscom v. Boston, 141 Mass. 242, and cases cited.
In the case at bar, the plaintiff was injured by stepping upon ice about two inches thick which had formed upon the sidewalk. If we assume this to have been a defect,…
2Cases cited1 opinion
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
3Cited by7 opinions
- Collins v. CollinsMassachusetts Supreme Judicial Court · 1938
- Jones v. City of GreensboroSupreme Court of North Carolina · 1899
- Warren v. City of TupeloMississippi Supreme Court · 1940
- Comerford v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Bingham v. City of BostonMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.