Pratt v. Inhabitants of Amherst
Cases that cite this one
2 later published cases cite this decision.
- Commonwealth v. Crowley (Mass. 1897)
- Marschall v. Aiken (Mass. 1897)
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
The instruction requested was properly refused, because it was not applicable to the facts proved. It assumed that the selectmen had erected and maintained a railing for the purpose of marking the travelled part of the road, and that the post against which the plaintiff ran was a part of this railing.
The facts were, that they had not maintained such railing; and that, at the time of the accident, the post was standing by itself, not a part of a continuous railing. Besides, it is not the duty, nor within the power, of the selectmen to alter a highway
The case was properly submitted to the jury.
jExceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.