147 Mass. 440 (1888), Adams v. Town of Chicopee

Citation147 Mass. 440, 18 N.E. 231
Opinion JudgeKNOWLTON, J.
Party NameADAMS v. TOWN OF CHICOPEE.
Attorney[18 N.E. 232] G.D. Robinson, for plaintiff. G.M. Stearns and W.W. McClench, for defendant.
Case DateOctober 19, 1888
CourtSupreme Judicial Court of Massachusetts

Page 440

147 Mass. 440 (1888)

18 N.E. 231

ADAMS

v.

TOWN OF CHICOPEE.

Supreme Judicial Court of Massachusetts, Hampden.

October 19, 1888

COUNSEL

Page 442

[18 N.E. 232] G.D. Robinson, for plaintiff.

G.M. Stearns and W.W. McClench, for defendant.

OPINION

KNOWLTON, J.

At the trial of this case there was evidence tending to show that the concrete walk upon which the plaintiff fell was of such construction, or was in such condition, as to retain water in a hollow or basin upon it, and so, in freezing weather, to cause the formation of smooth, slippery ice. Upon this part of the case the jury were instructed that "the freezing of smooth, level ice does not constitute a defect in any way; and the fact that there are such hollows or basins in the sidewalk as to make them fill with level water which cannot pass off, and that level water freezes, if it freezes, into smooth, level ice, does not constitute a defect in the way." Also that if they found "that there was such a formation of this sidewalk as to produce merely, in the natural and ordinary operation of things, smooth, level ice, then that formation would not be a defect." "The plaintiff's counsel excepted to so much of the charge as related to smooth, level, and slippery ice not being a defect, under the conditions named in the charge."

Page 443

It is strenuously argued for the defendant that the exception was too general, and that it is not open to the plaintiff to call in question these instructions. There may be cases in which an exception taken in this form would not sufficiently indicate to the presiding judge the particular parts of his charge which were objected to, nor give him the opportunity which he ought to have to correct an error, if, upon his attention being called to it, he found that he had made one. But in this case we are of opinion that the statements of legal propositions, which were intended to be excepted to, were well understood by the presiding judge and the defendant's counsel. The exceptions show that the plaintiff's counsel contended, in his argument to the jury, that the town would be liable for an accident happening upon smooth, slippery ice, formed under the conditions afterwards referred to in the quoted parts of the charge. The substance of the plaintiff's contention was stated in the instructions; and the plaintiff's counsel, in reply to a question by the judge...

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14 practice notes
  • 333 P.2d 998 (Idaho 1959), 8649, Pearson v. Boise City
    • United States
    • Idaho Supreme Court of Idaho
    • January 5, 1959
    ...a walk having a depression in which water collected, forming ice when the rest of the walk was clear; Adams v. Town of Chicopee, 1888, 147 Mass. 440, 18 N.E. 231, wherein a walk was held defective because its improper construction, forming a basin, induced a special and constant deposit of ......
  • 79 N.W. 1071 (N.D. 1899), Trost v. The City of Casselton
    • United States
    • North Dakota Supreme Court of North Dakota
    • July 10, 1899
    ...snow upon the sidewalk. Wyman v. City, 34 A. 621; Koch v. Ashland, 60 N.W. 990; Huston v. Council Bluffs, 69 N.W. 1130; Adams v. Chicopee, 18 N.E. 231; City v. Niles, 12 P. 632; City v. Smith, 45 N.W. 41; City v. Cox, 62 N.W. 66. The question as to whether the city used due diligence is set......
  • 35 A.2d 15 (Conn. 1943), Agriesto v. Town of Fairfield
    • United States
    • Connecticut Supreme Court of Connecticut
    • December 1, 1943
    ...properly refused. The authorities relied upon by the plaintiff fail to sustain her claim to the contrary. The case of Adams v. Chicopee, 147 Mass. 440, 443, 18 N.E. 231, holding that where there are underlying circumstances which produce the slippery condition and the municipality is respon......
  • 76 N.W. 104 (Mich. 1898), Wesley v. City of Detroit
    • United States
    • Michigan Supreme Court of Michigan
    • July 18, 1898
    ...City of Milwaukee, 65 Wis. 31, 26 N.W. 182; City of Atchison v. King, 9 Kan. 559; Pinkham v. Topsfield, 104 Mass. 78; Adams v. Chicopee, 147 Mass. 440, 18 N.E. 231; Hampson v. Taylor, 15 R.I. 85, 8 A. 331, and 23 A. 732; Lindsay v. City of Des Moines, 74 Iowa, 111, 37 N.W. 9. We think the q......
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14 cases
  • 333 P.2d 998 (Idaho 1959), 8649, Pearson v. Boise City
    • United States
    • Idaho Supreme Court of Idaho
    • January 5, 1959
    ...a walk having a depression in which water collected, forming ice when the rest of the walk was clear; Adams v. Town of Chicopee, 1888, 147 Mass. 440, 18 N.E. 231, wherein a walk was held defective because its improper construction, forming a basin, induced a special and constant deposit of ......
  • 79 N.W. 1071 (N.D. 1899), Trost v. The City of Casselton
    • United States
    • North Dakota Supreme Court of North Dakota
    • July 10, 1899
    ...snow upon the sidewalk. Wyman v. City, 34 A. 621; Koch v. Ashland, 60 N.W. 990; Huston v. Council Bluffs, 69 N.W. 1130; Adams v. Chicopee, 18 N.E. 231; City v. Niles, 12 P. 632; City v. Smith, 45 N.W. 41; City v. Cox, 62 N.W. 66. The question as to whether the city used due diligence is set......
  • 35 A.2d 15 (Conn. 1943), Agriesto v. Town of Fairfield
    • United States
    • Connecticut Supreme Court of Connecticut
    • December 1, 1943
    ...properly refused. The authorities relied upon by the plaintiff fail to sustain her claim to the contrary. The case of Adams v. Chicopee, 147 Mass. 440, 443, 18 N.E. 231, holding that where there are underlying circumstances which produce the slippery condition and the municipality is respon......
  • 76 N.W. 104 (Mich. 1898), Wesley v. City of Detroit
    • United States
    • Michigan Supreme Court of Michigan
    • July 18, 1898
    ...City of Milwaukee, 65 Wis. 31, 26 N.W. 182; City of Atchison v. King, 9 Kan. 559; Pinkham v. Topsfield, 104 Mass. 78; Adams v. Chicopee, 147 Mass. 440, 18 N.E. 231; Hampson v. Taylor, 15 R.I. 85, 8 A. 331, and 23 A. 732; Lindsay v. City of Des Moines, 74 Iowa, 111, 37 N.W. 9. We think the q......
  • Request a trial to view additional results