Don't make the mistake of supposing that everything that frightens
your horse or causes an accident in the highway is a defect for
which the town is liable. If a town negligently suffers snowdrifts
to remain in the road for a long time, and thereby you are prevented
from passing over the road to attend to your business, or, in making
an attempt to pass, your horses get into the snow and you are put to
great trouble, expense, and loss of time in extricating them, you
are remediless unless you receive some physical injury in your
person or property; as the remedy provided by the statutes, in case
of defects in the highway, does not extend to expenses or loss of
time unless they are incident to such physical injury. In other
words, the statute gives no one a claim for damages sustained in
consequence of inability to use a road.[113] And so a town or city is
not obliged to light the highways, and an omission to do so is not a
defect in the way for which it is liable.[114]
[113] 13 Met. 297; 6 Cush. 141.
[114] 136 Mass. 419.
Nor is the mere narrowness and crookedness of a road a defect within
the meaning of the statutes. Towns and cities are only required to
keep highways in suitable repair as they are located by the public
authorities, and they have no right to go outside the limits defined
by the location in order to make the road more safe and convenient
for travel. If a highway is so narrow or crooked as to be unsafe,
the proper remedy is by an application to the county commissioners
to widen or straighten it.[115] Nor is smooth and slippery ice, in
country road or city street, a defect for which a town or city is
liable, if the road whereon the ice accumulates is reasonably level
and well constructed. In our climate the formation of thin but
slippery ice over the whole surface of the ground is frequently only
the work of a few hours; and to require towns and cities to remove
this immediately or at all is supposing that the legislature
intended to cast upon them a duty impossible to perform, and a
burden beyond their ability to carry.[116]
[115] 105 Mass. 473.
[116] 12 Allen, 566; 102 Mass. 329; 104 Mass. 78.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account