275 Mass. 251 | Mass. | 1931
This is an action to recover for personal injuries received by the plaintiff on or about February 25,
There was evidence tending to show that on the Saturday before the accident there had been a heavy fall of snow, which ended the next day, and that on the following Monday, Tuesday and Wednesday the snow had been shovelled off the concrete sidewalk in front of the defendant’s premises by him and placed upon the grass plot or tree belt; that the snow outside the curb had been removed by the city with a scraper which threw it upon the grass plots on both sides of the street to a height of from two to three feet; that during the daytime it would melt and run over the sidewalk, and at night would freeze; that the plaintiff slipped and fell upon ice so formed, and received injuries for which she seeks to recover in this action.
It is the contention of the plaintiff that her injuries were the result of negligence of the defendant in shovelling snow from the sidewalk upon the grass plot, where at times it melted and ran upon the sidewalk forming ice. It is also contended by the plaintiff that the defendant was negligent in failing to spread upon the sidewalk sand or ashes. It is not contended by the defendant that the plaintiff was not in the exercise of due care, or that the notice required by G. L. c. 84, § 21, as amended by St. -1922, c. 241, was not duly given by the plaintiff. The. only issue of law presented then is whether upon the evidence most favorable to the plaintiff her injury could be found to have resulted from negligence of the defendant.
The undisputed evidence shows that after snow fell upon the concrete sidewalk it was removed by the defendant by throwing it upon the grass plot. So far as appears there was no other place where he could have deposited it unless
This court has repeatedly held that the owner of premises abutting upon a public way has no duty to keep the way clear from snow, ice or water which is upon it from natural causes, or to guard against accident by placing sawdust or other substances upon the sidewalk. Kirby v. Boylston Market Association, 14 Gray, 249. McGuinness v. Worcester, 160 Mass. 272, 276. Newton v. Worcester, 174 Mass. 181. Bailey v. Cambridge, 174 Mass. 188. Sanborn v. McKeagney,
The plaintiff cites Miller v. Boston & Northern Street Railway, 197 Mass. 535, Field v. Gowdy, 199 Mass. 568, and Graul v. Boston Elevated Railway, 262 Mass. 104. In those cases and others on which the plaintiff relies the defendants were held liable for creating artificial constructions, or other conditions not due to natural causes. Such cases are plainly distinguishable in their facts from the case at bar.
In accordance with the terms of the report the entry must be
Verdict for defendant to stand.