Kelly v. Inhabitants of Blackstone
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by reason of the want of a railing at the side of a highway in the defendant town. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, which, so far as material, was as follows. The only question was whether the plain tiff was in the exercise of due care at the time of the accident.
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Tort for personal injuries occasioned to the plaintiff by reason of the want of a railing at the side of a highway in the defendant town. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, which, so far as material, was as follows. The only question was whether the plain tiff was in the exercise of due care at the time of the accident. Upon the easterly side of the way was a footpath about eighteen inches wide, unguarded by a railing, from which the land sloped sharply to the east. From this path, and down the slope, extended another footpath, which was so worn…
1Opinion of the CourtDeyens, J.
The only question presented by the exceptions is whether there was sufficient evidence of due care on the part of the plaintiff to be submitted to the jury.
The plaintiff was walking on the east side of the highway, where there was a path about eighteen inches wide, suitable for travellers on foot, and at a slow or moderate pace. From this path another path descended the slope of the embankment from top to bottom, a distance of about sixteen feet; the travel down this latter path and the wash of water had so worn it that at its upper end it extended into and cut the path along the side of the…
2Cases cited4 opinions
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Dewire v. BaileyMassachusetts Supreme Judicial Court · 1881
- Weare v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
- Barton v. City of SpringfieldMassachusetts Supreme Judicial Court · 1872
3Cited by24 opinions
- McQuillan v. City of SeattleWashington Supreme Court · 1895
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Meindersee v. MeyersCalifornia Supreme Court · 1922
- Town of New Castle v. GrubbsIndiana Supreme Court · 1908
- City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
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