Lowe v. Inhabitants of Clinton
136 Mass. 24 | Mass. | 1883
The instruction requested by the defendant was given in substance by the presiding justice of the Superior Court, who instructed the jury that “the 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.