[DOWNLOAD] "Hoffman v. City Chelsea" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hoffman v. City Chelsea
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
FIELD, Chief Justice. This action of tort was brought against the city of Chelsea in a District Court to recover compensation for personal injuries alleged to have been sustained by the plaintiff as a result of her falling, on or about September 6, 1941, in a depression in a public highway in said city. The trial Judge found for the plaintiff. The defendant made six requests for rulings, five of which were denied by the Judge, who gave as a reason for such denial, 'Because I find on the evidence that the hole was a defect and that the plaintiff was in the exercise of due care.' The general finding for the plaintiff was in these terms: 'In the above action I find for the plaintiff in the sum of $743, which includes medical expenses, no further action to be brought. See note below.' The 'note' was as follows: 'The plaintiff fell September 6, 1941, and she has suffered more or less since, but I cannot charge all of this to the defendant where she has been acting without medical advice from October, 1941, to June, 1942. Her own specialist says she can be cured in two months and his description of the cause of the present injury does not conform to her own description of her fall, and he says that the best he can say is: that the condition is at least a month old.' A report to the Appellate Division was dismissed and the defendant appealed to this court. The defendant now contends only that there was error in the denial of its first and sixth requests for rulings.