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Rowett v. City of North Adams

Cecelia Rowett v. City of North Adams

Rowett v. City of North Adams, 192 N.E. 148 (Mass. 1934)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
September 24, 1934
Citations
192 N.E. 148288 Mass. 501934 Mass. LEXIS 1198

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court.

This is an action to recover compensation for injuries sustained by a pedestrian who fell in crossing a brick paved street through an alleged defect distant a foot or two from the curbing of the sidewalk. Testimony from the plaintiff was that the alleged defect was “a hole. . . . It was sunk down. A hole that my foot, my heel caught in”; and from other witnesses was that it was a “sunken brick,” “two small bricks . . . sunken in a little,” “the brick kind of broken up a little bit, kind of sunken in.” There was no testimony as to the area, depth, *51 or other features of the so called "hole.” On photographs and plan it seems insignificant.

As matter of law there was no evidence of a defect in the roadway of a nature to render the defendant liable. Raymond v. Lowell, 6 Cush. 524 , 533-534. Newton v. Worcester, 174 Mass. 181 . Isaacson v. Boston, 195 Mass. 114 . Cannon v. Brookline, 256 Mass. 468 . Boudreau v. Springfield, 257 Mass. 105 . Cataldo v. Boston, 263 Mass. 330 .

Exceptions overruled.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1935: 11936: 11938: 11943: 11944: 12023: 119352026peak 1935 · 1

Relies on it most ⓘ

  1. Vellante v. Town of Watertown14 N.E.2d 955 (Mass. 1938)
  2. Smith v. City of Fall River3 N.E.2d 217 (Mass. 1936)
  3. Zacharer v. Town of Wakefield195 N.E. 893 (Mass. 1935)
  4. Khouri v. Peters58 N.E.2d 649 (Mass. 1944)
  5. Foote v. Waltham Netoco Theatres, Inc.8 Mass. App. Div. 19 (1943)
  6. Arruda v. Newport Construction CorporationNo. AC 22-P-716 (Mass. App. Ct. July 21, 2023)

Most recent

  1. Arruda v. Newport Construction CorporationNo. AC 22-P-716 (Mass. App. Ct. July 21, 2023)
  2. Khouri v. Peters58 N.E.2d 649 (Mass. 1944)
  3. Foote v. Waltham Netoco Theatres, Inc.8 Mass. App. Div. 19 (1943)
  4. Vellante v. Town of Watertown14 N.E.2d 955 (Mass. 1938)
  5. Smith v. City of Fall River3 N.E.2d 217 (Mass. 1936)
  6. Zacharer v. Town of Wakefield195 N.E. 893 (Mass. 1935)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Newton v. City of Worcester, 54 N.E. 521 (Mass. 1899) 57
Isaacson v. City of Boston, 80 N.E. 809 (Mass. 1907) 13
Cannon v. Inhabitants of Brookline, 152 N.E. 752 (Mass. 1926) 12
Boudreau v. City of Springfield, 153 N.E. 264 (Mass. 1926) 10
Cataldo v. City of Boston, 160 N.E. 800 (Mass. 1928) 2

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