Andresen v. Lexington

9 Citing cases

  1. Barron v. City of Natchez

    229 Miss. 276 (Miss. 1956)   Cited 5 times

    II. A state or municipality cannot avoid liability for damages caused by the fall of a tree, or limb of a tree, by showing that it stood on private property abutting the highway, rather than on the highway itself, where the tree or limb fell into the highway, and its condition had been such as to put the authorities on notice that it endangered those passing along the highway. Patterson v. North Vancouver Bd. of Trustees, 19 British Columbia; Shaknis v. State, 295 N.Y.S. 663, 251 App. Div. 767; Tagg v. City of Lockport, 238 N.Y.S. 662, 228 App. Div. 319; Town of Durant v. Castleberry, 106 Miss. 699, 64 So. 657; Trimble v. State, 32 N.Y.S.2d 605, 263 App. Div. 233; Warren v. City of Tupelo, supra; Wershlen v. Lynn, 324 Mass. 327, 86 N.E.2d 511, 14 A.L.R. 2d 179; Doulin v. State, 277 N.Y. 558, 13 N.E.2d 472; Andresen v. Lexington, 240 Mass. 517, 134 N.E. 397, 21 A.L.R. 155; Brahan v. Meridian Home Telephone Co., 97 Miss. 326, 52 So. 485; Brown v. State of N.Y., 58 N.Y.S.2d 691; Campbell v. Covington County, 161 Miss. 374, 137 So. 111; City of Hattiesburg v. Hillman, supra; City of West Point v. Barry, supra; Collentine v. City of New York, 279 N.Y. 119, 17 N.E.2d 792; City of Hazlehurst v. Matthews, 180 Miss. 42, 176 So. 384; Embler v. Town of Wallkill, 57 Hun 384, 10 N.Y.S. 797; Fitzgerald v. State, 96 N.Y.S.2d 452; Heath v. Town of Darlington, 175 S.C. 27, 177 S.E. 894; Inabinett v. State Highway Dept., 12 S.E.2d 848; Jones v. Town of Great Barrington, 273 Mass. 483, 173 N.E. 118; Julian v. State of N.Y., 63 N.Y.S.2d 364, 187 Misc. 146; Kittle v. State, 284 N.Y.S. 657, 245 App. Div. 401; McGarey v. City of N.Y., 855 N.Y.S. 861, 89 App. Div. 500; Messinger v. State of N.Y., 51 N.Y.S.2d 506, 183 Misc. 811; Morris v. Salt Lake City, 35 Utah 474, 101 P. 373, 378; 25 Am. Jur., Highways, Sec. 490; 43 C.J., Sec. 1809 (Note 11) p. 1030; 40 C.J.S., Highways, S

  2. Wershba v. Lynn

    324 Mass. 327 (Mass. 1949)   Cited 17 times

    See Valvoline Oil Co. v. Winthrop, 235 Mass. 515, 520, 521. Compare Andresen v. Lexington, 240 Mass. 517. And clearly, according to the opening, the defect here had been in existence for a period sufficient to constitute a reasonable notice to the defendant.

  3. Miles v. Commonwealth

    288 Mass. 243 (Mass. 1934)   Cited 10 times
    In Miles v. Commonwealth, 288 Mass. 243, 244, a decayed, dangerous tree upon a gravel strip, adjacent to a macadam roadway, was held to be a defect "within the limits of the constructed traveled roadway," where the strip "had been... surfaced for travel and... to some extent was used for travel."

    We need not consider whether the same conclusion could have been reached on the ground that, no matter where within the limits of the highway the trunk stood, there was evidence warranting a finding that the branches overhung the admittedly constructed and travelled macadam roadway. See Barber v. Roxbury, 11 Allen, 318; Wright v. Chelsea, 207 Mass. 460; Andresen v. Lexington, 240 Mass. 517; Earle v. Concord, 260 Mass. 539; Jones v. Great Barrington, 269 Mass. 202, 205; S.C. 273 Mass. 483, 486. Exceptions overruled.

  4. Toler v. Charleston

    115 W. Va. 191 (W. Va. 1934)   Cited 3 times

    " Cf. Riley v. City of Ronceverte, 108 W. Va. 222, 225, 151 S.E. 174. The Massachusetts case of Andresen v. Town of Lexington, 240 Mass. 517, 134 N.E. 397, makes application of the principles which we think are determinative of the case at bar. It was held that "a limb of an ornamental shade tree on private property adjoining a public way, which became severed and fell upon telegraph wires where it remained cradled for several hours about fifteen feet above the way, when it fell upon and injured a traveller upon the way, is not a 'defect * * * in or upon a way' within the provisions of G. L. c, 229, Sec. 1.

  5. Jones v. Great Barrington

    273 Mass. 483 (Mass. 1930)   Cited 19 times

    Kelley v. Boston, 180 Mass. 233, 234. See Andresen v. Lexington, 240 Mass. 517. For this reason count three sets forth no legal cause of action.

  6. Jones v. Great Barrington

    168 N.E. 779 (Mass. 1929)   Cited 4 times

    Failure of the town officials named in G.L.c. 87, ยง 5, to cause the tree warden to remove a tree within the public highway or the limbs of such a tree, which tree or limbs obstruct, endanger, hinder or incommode travellers will render the town liable in an action of tort for damages which result from such failure. Whiting v. Holyoke Board of Public Works, 222 Mass. 22. Valvoline Oil Co. v. Winthrop, 235 Mass. 515. Andresen v. Lexington, 240 Mass. 517. No statute of this Commonwealth in terms makes any provision for a petition under the eminent domain act, G.L.c. 79, to recover damages to person or property sustained by reason of the failure of public officials to remove or make safe trees which endanger, hinder or incommode travel on a public way.

  7. Earle v. Concord

    157 N.E. 623 (Mass. 1927)   Cited 2 times

    Without undertaking to frame a comprehensive definition of a defect or want of repair as those words are used in the governing sections of the statute, it is enough to say that no such defect or want of repair is set out in the present declaration. Hixon v. Lowell, 13 Gray, 59. Jones v. Boston, 104 Mass. 75. Lincoln v. Boston, supra. Andresen v. Lexington, 240 Mass. 517. The case is quite distinguishable from cases illustrated by Day v. Milford, 5 Allen, 98, Hayes v. Hyde Park, 153 Mass. 514, and Valvoline Oil Co. v. Winthrop, 235 Mass. 515, where an overhanging awning, a sagging wire, a protruding limb of a tree or such substantial physical obstructions have been held to be susceptible of being found to be defects. Order for judgment affirmed.

  8. CITY OF BIRMINGHAM v. COE

    20 So. 2d 110 (Ala. Crim. App. 1944)   Cited 10 times

    Its duty is only to use due and proper care. City of Bessemer v. Whaley, 187 Ala. 525, 65 So. 542; Smith v. Birmingham, 243 Ala. 124, 9 So.2d 299. If defect is latent and invisible, no liability attaches. Zacharias v. Nesbitt, 150 Minn. 369, 185 N.W. 295, 19 A.L.R. 1016; Town of Cullman v. McMinn, 109 Ala. 614, 19 So. 981; Warren v. Tupelo, 187 Miss. 816, 194 So. 293; Miller v. Detroit, 156 Mich. 630, 121 N.W. 490, 132 Am.St.Rep. 537, 16 Ann.Cas. 832; Caldwell-Watson Co. v. Watson, 183 Ala. 326, 62 So. 859; Dyer v. Danbury, 85 Conn. 128, 81 A. 958, 39 L.R.A., N.S., 405, Ann.Cas. 1913A, 784; Hewison v. New Haven, 34 Conn. 136, 91 Am.Dec. 718; Bohm v. Racette, 118 Kan. 670, 236 P. 811, 42 A.L.R. 571. City is not liable for injury resulting from act of God. Louisville N.R. Co. v. Finlay, 237 Ala. 116, 185 So. 904; Dahmer v. Meridian, 111 Miss. 208, 71 So. 321; Andresen v. Lexington, 240 Mass. 517, 134 N.E. 397, 21 A.L.R. 1551; McClay v. S.C. P.R. Co., 3 Neb. 44, 19 Am.Rep. 631; Gulf, C. S.F.R. Co. v. Compton, Tex.Civ.App., 38 S.W. 220; Missouri Pacific R. Co. v. Columbia, 65 Kan. 390, 69 P. 338, 58 L.R.A. 399. Harrison Kendrick, of Birmingham, for appellee.

  9. Sasso v. Town of Groton, No

    No. 985512 (Mass. Cmmw. Aug. 14, 2001)

    The Courts have declined to expand the reach of the road defect statutes, however, to include every object or situation that may result in injury on the public way. For instance, in Andresen v. Town of Lexington, 240 Mass. 517, 518 (1922), the plaintiff was injured when a limb from a tree growing on private property fell on her. The limb had fallen off the tree and become cradled in telegraph wires until it fell at the time of the incident.