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

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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