| Mass. | Nov 13, 1925

By the Court.

This is an action of tort to recover compensation for personal injuries received by falling upon a public sidewalk.

There was evidence tending to show that at the end of a brick sidewalk there were cobblestones, and then a dirt *545sidewalk, and that at or near this place there was a space about six inches deep; and that at the time of the plaintiff’s injury snow and ice covered the whole sidewalk; that there was quite a lot of ice there ”; and that she slipped upon the ice. It was a question of fact whether the sidewalk, apart from the snow and ice, was defective. Williams v. Winthrop, 213 Mass. 581" court="Mass." date_filed="1913-02-25" href="https://app.midpage.ai/document/williams-v-inhabitants-of-winthrop-6432094?utm_source=webapp" opinion_id="6432094">213 Mass. 581. Hamlet v. Watertown, 248 Mass. 473" court="Mass." date_filed="1924-04-08" href="https://app.midpage.ai/document/hamlet-v-inhabitants-of-watertown-6436627?utm_source=webapp" opinion_id="6436627">248 Mass. 473. Lamb v. Worcester, 177 Mass. 82" court="Mass." date_filed="1900-10-18" href="https://app.midpage.ai/document/lamb-v-city-of-worcester-6427224?utm_source=webapp" opinion_id="6427224">177 Mass. 82. It was also a question of fact whether the ice was the sole cause of the injury or whether the defective condition of the sidewalk when free from snow and ice was a contributing cause of the accident. Newton v. Worcester, 174 Mass. 181" court="Mass." date_filed="1899-09-05" href="https://app.midpage.ai/document/newton-v-city-of-worcester-6426810?utm_source=webapp" opinion_id="6426810">174 Mass. 181. Naze v. Hudson, 250 Mass. 368" court="Mass." date_filed="1924-12-02" href="https://app.midpage.ai/document/naze-v-inhabitants-of-hudson-6436823?utm_source=webapp" opinion_id="6436823">250 Mass. 368. It was proper to submit the case to the jury.

Judgment for the plaintiff on the verdict.

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