Lyons v. Brookline
| Decision Date | 31 January 1876 |
| Citation | 119 Mass. 491 |
| Parties | Sarah Lyons v. Inhabitants of Brookline |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Norfolk. Tort for personal injuries sustained through an alleged defect in a highway in the defendant town.
At the trial in the Superior Court, before Dewey, J., there was evidence tending to show that the plaintiff, a child between three and four years old, was permitted by her parents to go out into a public highway in the defendant town, for the purpose of walking thereon; that she sat down on the sidewalk with her feet in the gutter, near some stones that had been placed there by the defendant to be used as curb-stones; that there were other young children playing about these stones, and that in consequence of the acts of these other children one of the stones, which had been insecurely placed, fell over and broke one of the plaintiff's legs and injured the other.
The judge instructed the jury to return a verdict for the defendant if they should find the facts to be as above stated. The jury returned a verdict for the defendant; and the plaintiff alleged exceptions.
Exceptions overruled.
A. B. Berry, for the plaintiff.
M. Williams, Jr., for the defendant, was not called upon.
The jury, under the instructions given them, having found that the plaintiff was not traveling in the highway, and that the injury to her was caused by the act of third persons, the town is not liable. Tighe v. Lowell, ante, 472. Kidder v. Dunstable, 7 Gray 104.
Exceptions overruled.
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...in permitting plaintiff to introduce any evidence in the case. 7 Gray (Mass.), 104; Lane v. Atlantic Works, 111 Mass. 136; Lyons v. Inhabitants, 119 Mass. 491; Hughs Macfie, 2 Hurl. & Colt. 744; Mangan v. Atterton, L. R., 1 Exch. 239; McGee v. Carro, 9 C. L. J., 281; Newson v. Railroad, 23 ......
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Caissie v. City of Cambridge
...upon the way is not a defect within the meaning of G.L.(Ter.Ed.) c. 84, § 15, for which a municipality may be held liable. Lyons v. Brookline, 119 Mass. 491.Pierce v. New Bedford, 129 Mass. 534, 37 Am.Rep. 387.Downey v. Boston, 187 Mass. 20, 67 N.E. 638. Even if we should assume in favor of......
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Pratt v. Town of Weymouth
...the "contributing cause" proceeded from the act of a third party, or a physical condition distinct from the defect itself. Lyons v. Brookline, 119 Mass. 491; Marble v. Worcester, 4 Gray, 395; Rowell Lowell, 7 Gray, 100; Kidder v. Dunstable, Id. 104; Shepard v. Chelsea, 4 Allen, 113; Moore v......
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Gulline v. City of Lowell
...travel, within the meaning of the statute. It is to this precise case that we confine the expression of our opinion." In Lyons v. Inhabitants of Brookline, 119 Mass. 491, was held that a child could not recover who, while sitting playing upon the sidewalk, was injured by the act of a third ......