Clutterbuck v. City of Springfield
Cases that cite this one
2 later published cases cite this decision.
- Nelson v. City of New York (Appellate Division of the Supreme Court of New York 1942)
- Eaton v. City of Springfield (Mass. 1931)
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
No new or important question of law arises on this bill of exceptions. Whether the broken edgestone which caused injury to the plaintiff constituted a defect in the highway for which the city of Springfield was liable under G. L. c. 84, §§ 1, 15, was a question of fact for a jury and not one of law for the court. There was testimony from witnesses and evidence from photographs which made necessary weighing credibility and deciding between different conclusions of fact in ascertaining the state of the curbing. In such a situation, the judge was right in denying the motion that a verdict be directed for the defendant.
Exceptions overruled.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.