Statutory Torts in Massachusetts (Classic Reprint)

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Excerpt from Statutory Torts in Massachusetts

Section 18. If a person receives or suffers bodily injury, or damage in his property, through a defect or want of repair or of sufficient railing in or upon a highway, town way, causeway, or bridge, which might have been remedied, or which damage or injury might have been prevented by reasonable care and diligence on the part of the county, town, place, or persons by law obliged to repair the same, he may recover, in the manner hereinafter provided, of the said county, town, place, or persons, the amount of damage sus tained thereby, if such county, town, place, or per sons had reasonable notice of the defect, or might have had notice thereof by the exercise of proper care and diligence on their part; but no such damage shall be recovered by a person whose carriage and the load thereon exceed the weight Of six tons.

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