Massachusetts Supreme Judicial Court, 1883

Lowe v. Inhabitants of Clinton

Lowe v. Inhabitants of Clinton
Massachusetts Supreme Judicial Court · Decided October 16, 1883
136 Mass. 24; 1883 Mass. LEXIS 156

Lowe v. Inhabitants of Clinton

Opinion of the Court

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 β€œthe 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.