Noyes v. Inhabitants of Gardner
Massachusetts Supreme Judicial Court
Tort for personal injuries received by reason of an alleged defect upon a sidewalk on Central Street in Gardner, consisting of a rotten plank. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, which, so far as material, was as follows.
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Tort for personal injuries received by reason of an alleged defect upon a sidewalk on Central Street in Gardner, consisting of a rotten plank. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, which, so far as material, was as follows. There was evidence tending to show that Central Street was the principal thoroughfare between Gardner and West Gardner, and was used by a great many people; that, as the plaintiff was walking with a companion along Central Street, his companion stepped on a rotten plank, and, as it gave way, tilted one end of it, against which the…
1Opinion of the CourtDevens, J.
If the injury for which the plaintiff sought to recover in this action, he being himself in the exercise of due care, occurred by reason of a defect in the way, or that part thereof which the town was obliged by law to repair, which defect might have been remedied, or which injury might have been prevented, by reasonable care and diligence on its part, the town is responsible in damages therefor, if it had reasonable notice of the defect, or might have had notice by the exercise of proper care and diligence. Pub. Sts. c. 52, § 18.
It is quite clear that there was evidence to be submitted to…
2Cases cited7 opinions
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- White v. Inhabitants of QuincyMassachusetts Supreme Judicial Court · 1867
- Hawks v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1875
- Scanlan v. City of BostonMassachusetts Supreme Judicial Court · 1885
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3Cited by13 opinions
- Albin v. National Bank of CommerceWashington Supreme Court · 1962
- Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
- Campbell v. City of KalamazooMichigan Supreme Court · 1890
- City of Roswell v. DavenportNew Mexico Supreme Court · 1907
- Sears, Roebuck & Co. v. CopelandCourt of Appeals for the Fourth Circuit · 1940
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