Sonia v. Town of Billerica

Massachusetts Supreme Judicial Court

Sonia v. Town of Billerica

30 N.E.2d 901, 307 Mass. 611, 1940 Mass. LEXIS 1095

CourtMassachusetts Supreme Judicial Court

DecidedDecember 30, 1940

StatusPublished

Cited by1 cases

This text of 30 N.E.2d 901 (Sonia v. Town of Billerica) 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

Sonia v. Town of Billerica, 30 N.E.2d 901, 307 Mass. 611, 1940 Mass. LEXIS 1095 (Mass. 1940).

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Opinion

This is an action to recover compensation for personal injuries sustained by the plaintiff from falling by reason of a defect in the highway. A motion for a directed verdict was denied. The defendant’s sole contention is that as matter of law the plaintiff was not in the exercise of due care. The evidence by which she was bound did not as matter of law require such a finding. The question was for the jury. Torphy v. Fall River, 188 Mass. 310, 314. Page v. Weymouth, 207 Mass. 325. Callahan v. Dickson, 210 Mass. 510, 515. Junkins v. Stoneham, 234 Mass. 130, 133. Mitchell v. Springfield, 261 Mass. 188, 190. Barton v. Boston, 301 Mass. 492, 494. Nothing in Cox v. Boston, 254 Mass. 498, or Perry v. Loew’s Boston Theatres Co. 291 Mass. 332, relied on by the defendant, requires a different conclusion.

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This is an action to recover compensation for personal injuries sustained by the plaintiff from falling by reason of a defect in the highway. A motion for a directed verdict was denied. The defendant’s sole contention is that as matter of law the plaintiff was not in the exercise of due care. The evidence by which she was bound did not as matter of law require such a finding. The question was for the jury. Torphy v. Fall River, 188 Mass. 310, 314. Page v. Weymouth, 207 Mass. 325. Callahan v. Dickson, 210 Mass. 510, 515. Junkins v. Stoneham, 234 Mass. 130, 133. Mitchell v. Springfield, 261 Mass. 188, 190. Barton v. Boston, 301 Mass. 492, 494. Nothing in Cox v. Boston, 254 Mass. 498, or Perry v. Loew’s Boston Theatres Co. 291 Mass. 332, relied on by the defendant, requires a different conclusion.

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Bluebook (online)

30 N.E.2d 901, 307 Mass. 611, 1940 Mass. LEXIS 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonia-v-town-of-billerica-mass-1940.

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