Lucas v. Thayer

This is an action of tort to recover damages for injuries to the plaintiff caused by falling on ice formed by water alleged to have been gathered upon the defendant’s land and negligently discharged upon the sidewalk through an artificial channel on the defendant’s property.

The plaintiff was walking in front of the driveway leading from the defendant’s premises and fell on the ice at the place indicated by a cross on a plan. The evidence tended to show that this spot was approximately two feet, from the curbing and about in fine with the side of the driveway which was near the boundary line…