294 Mass. 444 | Mass. | 1936
These are actions of tort brought under G. L. (Ter. Ed.) c. 84, § 15, to recover for personal injuries, property damage and medical expenses caused by an alleged defect in West Water Street in the defendant town. At the time of the accident the plaintiff Elizabeth A. Pratt with the plaintiff Eva Maloney as a guest (hereinafter referred to as the plaintiffs) was driving an automobile, the property of her husband, on an errand of her own over said highway. It is recited in the record that with these three actions were tried two other actions, brought by the plaintiffs Pratt against the Colonial Beacon Oil Company for alleged negligence in the operation of a truck which came in contact with
The accident occurred on May 28, 1930, at about 2:30 p.m. on a highway in the defendant town between Plain Street and Bowker’s Corner. The way, which was laid out in 1854, was fifty feet wide, and was worked for travel for a width of approximately seventeen feet. The accident happened within the portion of the road wrought for travel. On that day the entire section of the street was being oiled, and later sanded, all under the direction of the town highway surveyor, who was personally present intermittently during the morning and afternoon. The town purchased the oil and paid the laborers.. The oil was applied by a machine furnished by the company selling the oil, and the sand was shoveled from piles beside the road. The street runs approximately east and west, and on the morning of the accident the entire southerly half and the northerly half east of a paint shop (shown on a plan attached to the bill of exceptions) had been oiled and sanded. West of the paint shop the northerly half of the road had only been oiled, and the men were engaged in sanding it, beginning at Bowker’s Corner. Employees of the defendant’s street department testified that this part of the northerly half was oiled in the afternoon, and that as soon as the oil was spread they began to cover it with sand from piles beside the road, and were so engaged at the time of the accident. It was admitted there were no barriers, warnings, or detour signs erected to keep vehicles from the street between Plain Street and Bowker’s Corner, or any part thereof, nor watchmen or policemen stationed at any place on the street.
It appears in the record that the Pratt car entered West Water Street at the Rockland depot and continued westerly past Plain Street. On arriving at the paint shop Mrs. Pratt turned to the south onto the sanded portion of the road and continued to the top of a rise at pole 17 shown on the plan,
As the trial judge rightly ordered verdicts for the defendant town, the entry must be
Exceptions overruled.