[DOWNLOAD] "Clohecy v. City Haverhill" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Clohecy v. City Haverhill
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 04, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

COX, Justice. The plaintiff brings this appeal from the decision and order of the Appellate Division for the Northern District
dismissing a report from the Central District Court of Northern Essex. The trial Judge found that on February 17, 1934, at
about 8:30 o'clock in the forenoon, the plaintiff, while walking on the sidewalk of Emerson Street, a public way in the city
of Haverhill, tripped on a stepping stone and fell, receiving injuries. The sidewalk was about six feet wide. The stepping
stone had a flat top surface measuring sixteen inches by twenty-one inches; it rose above the gutter nine and one-half inches
and four and three-quarter inches above the top of the curbing of the sidewalk; it was set into the curbing so that its easterly
side was flush with the inner curbing line. 'It is the usual type and size of stepping stone. It has occupied its present
site since the horse and buggy days. It has little, if any, use to-day.' The Judge also found that the plaintiff had not shown
an actionable defect in the sidewalk, and found for the defendant. He gave the following request for ruling of the defendant:
'1. There is no evidence to warrant a finding that there was a defect in the way for which the defendant is liable.' He denied
certain requests for rulings of the plaintiff which become immaterial if he was right in ruling that there was no actionable
defect. A city is liable for injuries caused by 'a defect or a want of repair * * * in or upon a way' which 'might have been remedied
by reasonable care and diligence on the part of the * * * city.' G.L.(Ter.Ed.) c. 84, § 15. It is enough if the
way is reasonably safe and convenient for travel. Cannon v. Brookline, 256 Mass. 468, 152 N.E. 752. Anything in the state
or condition of the highway, which renders it unsafe or inconvenient for ordinary travel, is a defect or want of repair, but
a city is not liable for every defect nor for every object which makes the highway unsafe or inconvenient for travelers. It
must be a defect and one which makes the highway unsafe or inconvenient. Barber v. Roxbury, 11 Allen 318, 320; Gregoire v.
Lowell, 253 Mass. 119, 148 N.E. 376.

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