158 Mass. 464 | Mass. | 1893
1. The jury were warranted in finding that the hole in the sidewalk which caused the injury to the plaintiff was a defect for which the defendant was responsible under the Pub. Sts. c. 52, § 18 ; and the court below properly refused to rule, as matter of law, that no defect had been shown. Street v. Holyoke, 105 Mass. 82. Ghenn v. Provincetown, 105 Mass. 313. Loan v. Boston, 106 Mass. 450. Gerald v. Boston, 108 Mass. 580. George v. Haverhill, 110 Mass. 506. Dowd v. Chicopee, 116 Mass. 93.
2. The question put to Boomer was properly excluded. It is not competent in a case of this kind for the plaintiff to show that
3. The questions put to the witness Drake were properly excluded. Whether it was common to find depressions in the sidewalk in other cities, or in New Bedford, large enough to admit the portion of a foot of an ordinary adult, had no tendency to show either that the hole in question was not a defect, or that the defect, if it existed, could not have been remedied “ by reasonable care and diligence ” on the part of the defendant. Such questions, if allowed to be put, would raise collateral issues not pertinent to the issues in the case. Bacon v. Boston, 3 Cush, 174. Bliss v. Wilbraham, 8 Allen, 564. Packard v. New Bedford, 9 Allen, 200. Hinckley v. Barnstable, 109 Mass 126. Schoonmaker v.Wilbraham, 110 Mass. 134. George v. Haverhill, 110 Mass. 506.
The evidence in the case of Raymond v. Lowell, 6 Cush. 524, 531, related merely to proof that in other towns or cities, as well as in Lowell, the edge of the curbstone was not on the same level as the carriageway, “ which,” as the court remarks, “ was in fact a matter very obvious and known to everybody without any testimony.” The remark of the court that the evidence was “ admissible, as bearing upon the question of ordinary care,” has
Exceptions overruled.