Hinckley v. Inhabitants of Somerset
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant town. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows : The notice, duly served on the defendant, stated “ that, while travelling on the highway from Somerset to Dighton across the Broad Cove Bridge, so called, on the 29th of May, 1886, between 5 and 6 o’clock P. M., in consequence of the narrowness of the road and the…
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Tort, for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant town. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows : The notice, duly served on the defendant, stated “ that, while travelling on the highway from Somerset to Dighton across the Broad Cove Bridge, so called, on the 29th of May, 1886, between 5 and 6 o’clock P. M., in consequence of the narrowness of the road and the insufficiency of the barrier, and for want of a suitable wall, railing, or fence, when within fifteen feet of the bridge…
1Opinion of the CourtField, J.
This is an action to recover damages for an injury received through want of a sufficient railing in or upon a highway, on the ground that the defect might have been remedied, or the injury prevented, by reasonable care and diligence on the part of the town. The damages are recoverable from the town by law obliged to repair the way, if it “ had reasonable notice of the defect, or might have had notice thereof by the exercise of proper care and diligence ” on its part. Pub. Sts. c. 52, § 18.
It was contended that the railing was insufficient because it was not of proper height. The second and…
2Cases cited7 opinions
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Britton v. Inhabitants of CummingtonMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- Appalachian Power Co. v. WilsonSupreme Court of Virginia · 1925
- City of Vincennes v. SpeesIndiana Court of Appeals · 1905
- Ouverson v. City of GraftonNorth Dakota Supreme Court · 1895
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
21 more not listed; retrieve them via the Exa API.