Massachusetts Supreme Judicial Court September 2, 1879 (Cromarty v. City of Boston)

Soule, J.

This case presents the single question whether the evidence offered, if admitted, would have warranted the jury in finding that the sidewalk on which the plaintiff fell was out of repair or defective within the meaning of the Gen. Sts. o. 44, § 22. In other words, can we say, as matter of law, that the plaintiff offered no evidence of a defect in the walk ?