[DOWNLOAD] "Barton v. City Boston" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Barton v. City Boston
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
DOLAN, Justice. This is an action of tort brought under G.L.(Ter.Ed.) c. 84, § 15, to recover compensation for personal injuries, sustained by the plaintiff in a fall, alleged to have been caused by a defective condition of the crosswalk on the westerly side of Davison Street at the intersection of Way Street in the city of Boston. The case was tried to a jury which returned a verdict for the plaintiff, and now comes before us on the defendant's exception to the denial of its motion for a directed verdict, all other exceptions of the defendant having been expressly waived. There was evidence that the sidewalks on Davison Street were of dirt or gravel, although the part of that street designed for vehicular traffic was constructed with a hardened surface. Way Street was a rough, unfinished road. There were not concrete, brick or asphalt sidewalks on either street at the intersection. The crosswalk on the westerly side of Davison Street at its intersection with Way Street was not paved. The defect in the crosswalk consisted of a rut eight to twelve inches deep and about two and one half feet in width. At the time of the accident it was filled with water and mud, and there was about a thirty-second of an inch of ice on its sloping sides which was not observed by the plaintiff until after the accident.