Sullivan v. Inhabitants of Town of Saugus

• Citation: 305 Mass. 127,25 N.E.2d 185
• Parties: SULLIVAN v. INHABITANTS OF TOWN OF SAUGUS.
• Decision Date: 31 January 1940
• Court: United States State Supreme Judicial Court of Massachusetts

305 Mass. 127
25 N.E.2d 185

SULLIVAN
v.
INHABITANTS OF TOWN OF SAUGUS.

Supreme Judicial Court of Massachusetts, Essex.

Jan. 31, 1940.

Exceptions from Superior Court, Essex County; J. A. Baker, Judge.

Action in tort by Mary J. Sullivan against the Town of Saugus to recover compensation for personal injuries sustained by the plaintiff when she fell into trench which had been dug by the water division of the department of public works of the defendant. The case comes before the Supreme Judicial Court on defendant's exceptions.

Exceptions overruled.

[25 N.E.2d 186]

R. J. Coffin, of Boston, for plaintiff.

G. B. Rowell, of Boston, for defendant.

DOLAN, Justice.

This is an action of tort to recover compensation for personal injuries sustained by the plaintiff. The case was referred to an auditor who found for the defendant. Thereafter it was tried to a jury. The auditor's report and other evidence were introduced. The defendant's motion for a directed verdict was denied, subject to its exception, and the jury returned a verdict for the plaintiff. The judge, having reserved leave to order the entry of a verdict for the defendant, denied the defendant's motion that this be done, subject to the defendant's exceptions. The case comes before us upon those exceptions and upon the exceptions of the defendant to the denial of its thirteenth, fourteenth and fifteenth requests for rulings. Other exceptions of the defendant contained in the record, not having been argued, are treated as waived.

The following facts could have been found by the jury. In January, 1931, the plaintiff was residing in her home on the westerly side of Johnson Street, which was a private way extending north and south in the defendant town. For several days prior to January 26, 1931, the water division of the department of public works of the town had been digging up Johnson Street with the intention of replacing water mains. This work was being paid for by money raised by a bond issue for the purpose of relieving unemployment. In the course of the work a trench about four feet wide and five feet deep had been opened near the westerly sidewalk of the street, and remained open from noon on Saturday, January 24, 1931, until after the occurrence of the accident on Monday, January 26, 1931. The northerly end of the trench was about opposite the southerly line of the plaintiff's premises. Excavated material had been placed on both sides of the trench, and upon the westerly sidewalk, south of where the plaintiff lived, to an extent that made it impassable.

At 6:15 A. M. on January 26 the plaintiff left her home to go to work. She proceeded diagonally across her lawn in the direction toward which the trench extended. When she reached the sidewalk, knowing that it was blocked further along, she started to cross the street. She knew there was an open trench in the street, having seen it on the preceding Saturday and Sunday. It was dark at the time of the accident, the sun having...