Blessington v. City of Boston
Decision Date | 04 March 1891 |
Parties | BLESSINGTON v. CITY OF BOSTON. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
I.R. Clark and F. Ranney, for plaintiff.
T.M Babson, for defendant.
The only exception now insisted on by the defendant is the exception to the refusal of the court below to give the following instruction, and to the instruction actually given upon this point: "If the city had exercised reasonable care and diligence to guard the hole and prevent the accident or injury, it would not be responsible for the momentary negligence of the employes of the railway company." The court instructed the jury, among other things not objected to, as follows: We think the instructions thus given stated the law accurately, and with sufficient fullness. The city knew of the existence of the trench, and of its depth and extent. It knew also that the barriers would of necessity require to be frequently removed to accommodate passing cars,...
To continue reading
Request your trial-
Yazoo City v. Loggins
...kept up, it will be liable for the consequences of their negligence, although the barriers are down but temporarily. Blessington v. Boston, 153 Mass. 409, 26 N.E. 1113; Prentiss v. Boston, 112 Mass. 43; Boston Coon, 175 Mass. 283, 56 N.E. 287; Pace v. Webster City (Iowa), 138 Iowa 107, 115 ......
-
Stoliker v. City of Boston
... ... 310, 74 N.E. 465; [90 N.E. 931] ... Butman v. Newton, 179 Mass. 1, 60 N.E. 401, 88 Am ... St. Rep. 349. And if the city chose to intrust that duty to ... Kiley or the Cahill Company, it became liable for their ... [204 Mass. 538] ... as it would have been for its own. Blessington v ... Boston, 153 Mass. 409, 26 N.E. 1113; Brooks v ... Somerville, 106 Mass. 271. Whether this duty had been ... complied with was under the circumstances a question for the ... jury. See the cases cited above ... In ... MacFarlane v. Boston Elevated Railway, 194 Mass ... ...
-
Stoliker v. City of Boston
...that duty to Kiley or the Cahill Company, it became liable for their failure, as it would have been for its own. Blessington v. Boston, 153 Mass. 409, 26 N. E. 1113;Brooks v. Somerville, 106 Mass. 271. Whether this duty had been complied with was under the circumstances a question for the j......
-
Nugent v. Boston Consol. Gas Co.
...is responsible. Woodman v. Metropolitan Railroad, 149 Mass. 335, 340, 21 N. E. 482,4 L. R. A. 213, 14 Am. St. Rep. 427;Blessington v. Boston, 153 Mass. 409, 26 N. E. 1113;Pye v. Faxon, 156 Mass. 471, 474, 31 N. E. 640;Flynn v. Butler, 189 Mass. 377, 388, 75 N. E. 730;Boucher v. New York, Ne......