KELLY v. SPRINGFIELD


328 Mass. 16 (1951)

101 N.E.2d 352

ADELINE B. KELLY vs. CITY OF SPRINGFIELD.

Supreme Judicial Court of Massachusetts, Hampden.

November 1, 1951.


Attorney(s) appearing for the Case

C.D. Sloan, City Solicitor, for the defendant.

J.E. Kerigan, for the plaintiff.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


SPALDING, J.

In this action of tort to recover for injuries sustained when she fell on a public sidewalk, the plaintiff had a verdict. The case comes here on the defendant's exception to the denial of its motion for a directed verdict.

The sole ground urged by the defendant in support of its exception is that the evidence would not warrant a finding that it knew or in the exercise of proper care and diligence ought to have known of the defect in time to have...

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