105 Mass. 473 | Mass. | 1870
The injury for which the plaintiff brings this action was received by him, while travelling upon an ancient highway in the town of Wakefield. The only defect which his evidence tended to prove was, that the highway, after it had passed under a railroad, was narrow and crooked, so that it naturally crowded the travel going southerly, towards the wall which was its eastern boundary. The injury to the plaintiff was caused by his team, when frightened, sheering off from the railroad towards the wad,
Judgment for the defendants.