(DOWNLOAD) "Brown v. Winthrop. Same v. Sargent" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Winthrop. Same v. Sargent
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 04, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
CARROLL, J. These actions of tort are against the town of Winthrop made a contract with Sargent to widen Revere Street, which was a public way. There was no 'formal vote of the Selectmen . . . closing Revere Street.' Sargent began work 'after Labor Day in September, 1926.' Number 440 Revere Street is on the westerly side, and its location was opposite that part of the street which was to be widened in accordance with the contract. The plaintiff testified as follows: On October 3, 1926, she was on her way with her grandson to see a Mrs. Buonomo; there was a barrier at the bridge at Revere Street with two red lights on it, and they walked into the street, 'then they stepped up on the walk that led them on down to number 440.' The house had been moved back. The plaintiff found no one at home and started to return. She was on the sidewalk when she fell. She stepped on a place which seemed to be 'perfectly firm' and when she put her weight 'into it, it went down and let her right forward.' The hole was 'a foot square and about eight or ten inches deep.' She did not notice that the sidewalk was under construction, but did notice that the street was being repaired. As we understand the testimony of the plaintiff the barrier was on that portion of the street which had been used for vehicular travel, but it did not extend to the sidewalk.