Barron v. Inhabitants of Watertown
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for injuries sustained by the plaintiff from an alleged defect in a concrete sidewalk alleged to be a part of Mount Auburn Street, a public way of the defendant, while the plaintiff was walking along, the sidewalk at about ten o’clock on the evening of February 10, 1910. Writ dated September 16, 1910. In the Superior Court the case was tried before McLaughlin, J. It appeared that the plaintiff stepped on the edge of the concrete, which was about…
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Tort under R. L. c. 51, § 18, for injuries sustained by the plaintiff from an alleged defect in a concrete sidewalk alleged to be a part of Mount Auburn Street, a public way of the defendant, while the plaintiff was walking along, the sidewalk at about ten o’clock on the evening of February 10, 1910. Writ dated September 16, 1910. In the Superior Court the case was tried before McLaughlin, J. It appeared that the plaintiff stepped on the edge of the concrete, which was about three inches above the gravel surface of the adjoining private land, and fell, breaking her ankle. The chairman of the…
1Opinion of the CourtDeCourcy, J.
There was but meagre evidence that the public way at the place of the accident was not reasonably safe for travel; but we cannot say, as matter of law, that there was not sufficient evidence of a defect to be submitted to the jury. Mount Auburn Street in the neighborhood of the accident was apparently a much frequented business thoroughfare. The plan in evidence shows that about one and one half feet beyond the spot where the plaintiff fell the sidewalk turns at a right angle from the street line and runs back a distance of several feet to a store. The path made by a snow-plow overlapped the…
2Cases cited9 opinions
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Johnson v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Raymond v. City of HaverhillMassachusetts Supreme Judicial Court · 1897
- Bassett v. Inhabitants of HarwichMassachusetts Supreme Judicial Court · 1902
- Nestor v. City of Fall RiverMassachusetts Supreme Judicial Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harvey v. Inhabitants of SandwichMassachusetts Supreme Judicial Court · 1926
- Guidi v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Lewis v. City of SpringfieldMassachusetts Supreme Judicial Court · 1927
- Sullivan v. City of WorcesterMassachusetts Supreme Judicial Court · 1919
- Cannon v. City of WorcesterMassachusetts Supreme Judicial Court · 1916
3 more not listed; retrieve them via the Exa API.