Fallon v. City of Boston

Massachusetts Supreme Judicial Court
Fallon v. City of Boston, 85 Mass. 38 (Mass. 1861)
Bigelow

Fallon v. City of Boston

Opinion of the Court

Bigelow, C. J.

We see no error in the instructions given to the jury. The phrase ordinary care is equivalent to reasonable care, and necessarily involves the idea that such care was to be used as a reasonable person, under like circumstances, would adopt to avoid an accident, notwithstanding the defect in the street. Rockwood, v. Wilson, 11 Cush. 226. Fletcher v. Boston & Maine Railroad, 1 Allen, 15. As the ease finds that the directions to the jury on this point were not excepted to, the plaintiff has no ground for complaint.

Exceptions overruled.

Reference

Full Case Name
Thomas Fallon v. City of Boston
Status
Published