Legal Opinion

Burke v. City of Haverhill

Massachusetts Supreme Judicial Court

Decided November 22, 1904PublishedCited by 11 opinions

Tort for personal injuries from an alleged defect in School Street in Haverhill at its intersection with Gardner Street in that city. Writ dated August 31, 1901. At the trial in the Superior Court before Sherman, J., the judge refused the defendant’s requests for rulings and submitted the case to the jury.

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Tort for personal injuries from an alleged defect in School Street in Haverhill at its intersection with Gardner Street in that city. Writ dated August 31, 1901. At the trial in the Superior Court before Sherman, J., the judge refused the defendant’s requests for rulings and submitted the case to the jury. The jury made the following findings in answer to questions specially submitted to them by the judge : “ 1. Did the plaintiff receive his injury on School Street ? A. Yes. 2. On March 30, 1901, had Gardner Court, Lane or Street, become a public highway; — had it been open for actual general…

1Opinion of the CourtBarker, J.

Many exceptions were taken by the defendant in this action to recover for personal injuries occasioned by an alleged defect in a highway in the defendant city. We find it unnecessary to consider any of them but the one to the refusal to order a verdict for the defendant on the ground that the evidence would not justify a finding that there was a defective way. The plaintiff received his injuries by stumbling over certain stones which were a part of and in the westerly edge of a concrete sidewalk on the west side of School Street a public way *66where it intersected Gardner Street which was also…

2Cases cited7 opinions

  1. George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
  2. Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
  3. Redford v. City of WoburnMassachusetts Supreme Judicial Court · 1900
  4. Nestor v. City of Fall RiverMassachusetts Supreme Judicial Court · 1903
  5. O'Brien v. City of WoburnMassachusetts Supreme Judicial Court · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
  2. Farrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
  3. Heaney v. Colonial Filling Stations, Inc.Massachusetts Supreme Judicial Court · 1928
  4. Abrahams v. ZismanMassachusetts Supreme Judicial Court · 1936
  5. Howe v. City of MarlboroughMassachusetts Supreme Judicial Court · 1910

6 more not listed; retrieve them via the Exa API.

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