Lowe v. Inhabitants of Clinton

Massachusetts Supreme Judicial Court

Lowe v. Inhabitants of Clinton

136 Mass. 24, 1883 Mass. LEXIS 156

CourtMassachusetts Supreme Judicial Court

DecidedOctober 16, 1883

StatusPublished

Cited by3 cases

This text of 136 Mass. 24 (Lowe v. Inhabitants of Clinton) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lowe v. Inhabitants of Clinton, 136 Mass. 24, 1883 Mass. LEXIS 156 (Mass. 1883).

Pincite

Opinion

By the Court.

The instruction requested by the defendant was given in substance by the presiding justice of the Superior Court, who instructed the jury that “the plaintiff could not recover unless the alleged defect was in the travelled path.” Under this instruction, the jury must have found that the obstruction was in the travelled path, and not out of it and in the grass.

Exceptions overruled.

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By the Court.

The instruction requested by the defendant was given in substance by the presiding justice of the Superior Court, who instructed the jury that “the plaintiff could not recover unless the alleged defect was in the travelled path.” Under this instruction, the jury must have found that the obstruction was in the travelled path, and not out of it and in the grass.

Exceptions overruled.

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Bluebook (online)

136 Mass. 24, 1883 Mass. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowe-v-inhabitants-of-clinton-mass-1883.

Opinion

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