Lowe v. Inhabitants of Clinton

Massachusetts Supreme Judicial Court

Lowe v. Inhabitants of Clinton

136 Mass. 24, 1883 Mass. LEXIS 156

Massachusetts Supreme Judicial Court·Decided October 16, 1883·Published·Cited by 3 cases

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.

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

Pincite

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Opinion

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