Parker v. City of Boston

Massachusetts Supreme Judicial Court

Parker v. City of Boston

56 N.E. 569, 175 Mass. 501, 1900 Mass. LEXIS 810

CourtMassachusetts Supreme Judicial Court

DecidedMarch 3, 1900

StatusPublished

Cited by3 cases

This text of 56 N.E. 569 (Parker v. City of Boston) 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

Parker v. City of Boston, 56 N.E. 569, 175 Mass. 501, 1900 Mass. LEXIS 810 (Mass. 1900).

Pincite

Opinion

Morton, J.

The evidence leaves it entirely uncertain how long the alleged defect had existed. One witness testified that she “ had been through there Sunday night before, to church.” But she did not testify, and does not appear to have been asked, as to the condition at that time. If there was a defect the plaintiff was bound to show either that the defendant knew it, or in the exercise of reasonable care and diligence ought to have known of it in season to remedy it. Pub. Sts. c. 52, § 18. There was no evidence that the defendant knew of the defect if there was one and in the absence of evidence to show how long it had been there it cannot be said that the defendant ought in the exercise of reasonable care and diligence to have known of it and remedied it.

Exceptions overruled.

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Morton, J.

The evidence leaves it entirely uncertain how long the alleged defect had existed. One witness testified that she “ had been through there Sunday night before, to church.” But she did not testify, and does not appear to have been asked, as to the condition at that time. If there was a defect the plaintiff was bound to show either that the defendant knew it, or in the exercise of reasonable care and diligence ought to have known of it in season to remedy it. Pub. Sts. c. 52, § 18. There was no evidence that the defendant knew of the defect if there was one and in the absence of evidence to show how long it had been there it cannot be said that the defendant ought in the exercise of reasonable care and diligence to have known of it and remedied it.

Exceptions overruled.

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Bluebook (online)

56 N.E. 569, 175 Mass. 501, 1900 Mass. LEXIS 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-city-of-boston-mass-1900.

Opinion

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