Legal Opinion

Adams v. Inhabitants of Chicopee

Massachusetts Supreme Judicial Court

Decided October 18, 1888PublishedCited by 13 opinions

Tobt for personal injuries occasioned to the plaintiff by a defect in a sidewalk of a street in the defendant town. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, which, so far as material, was as follows.

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Tobt for personal injuries occasioned to the plaintiff by a defect in a sidewalk of a street in the defendant town. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, which, so far as material, was as follows. The plaintiff was injured, in the month of January, by falling upon ice upon the sidewalk, which was four feet wide, covered by asphalt, or concrete, laid upon the soil, without curbing on either side, and was constructed by the defendant town. There was evidence tending to show that the soil at the edge of the concrete walk, on either side, was higher…

1Opinion of the Court

Knowi/eoh, J.

At the trial of this case, there was evidence tending to show that the concrete walk upon which the plaintiff fell was of such construction, or was in such condition, as to retain water in a hollow or basin upon it, and so, in freezing weather, to cause the formation of smooth, slippery ice.

Upon this part of the case the jury were instructed that “ the freezing of smooth, level ice does not constitute a defect in any way, and the fact that there are such hollows or basins in the sidewalk as to make them fill with level water which cannot pass off, and that level water freezes, if…

2Cases cited5 opinions

  1. Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  2. Post v. City of BostonMassachusetts Supreme Judicial Court · 1886
  3. Pinkham v. TopsfieldMassachusetts Supreme Judicial Court · 1870
  4. Fitzgerald v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1872
  5. Blake v. City of LowellMassachusetts Supreme Judicial Court · 1887

3Cited by13 opinions

  1. Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
  2. Huston v. City of Council BluffsSupreme Court of Iowa · 1897
  3. Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
  4. Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1897
  5. Agriesto v. Town of FairfieldSupreme Court of Connecticut · 1943

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