Opinion · Massachusetts Supreme Judicial Court

Cook v. Inhabitants of Montague

115 Mass. 571

Type
Opinion
Court
Massachusetts Supreme Judicial Court
Jurisdiction
Massachusetts
Date
1874-09-16
Topic
general

Gray, C. J. There was no evidence that the horse came, or was in any danger of coming, in contact with the stone. It was the brightness of the stone, which was the cause of the fright of the horse that resulted in the injury to the plaintiff. There was therefore no defect in the highway for which the town was liable in this action.

Citator

UpLaw has not yet analyzed Cook v. Inhabitants of Montague. The absence of a flag is not a finding that it is good law.

Cited by
6 opinions
Gray, C. J.

There was no evidence that the horse came, or was in any danger of coming, in contact with the stone. It was the brightness of the stone, which was the cause of the fright of the horse that resulted in the injury to the plaintiff. There was therefore no defect in the highway for which the town was liable in this action. Keith v. Easton, 2 Allen, 552. Kingsbury v. Dedham, 13 Allen, 186. Cook v. Charlestown, 13 Allen, 190, note, and 98 Mass. 80. Judgment for the defendant.