Tindley v. City of Salem
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant corporation, on July 4, 1882, which was a holiday, for the purpose 'of celebrating the same, under the authority of the Pub.
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Tort. The declaration alleged that the defendant corporation, on July 4, 1882, which was a holiday, for the purpose 'of celebrating the same, under the authority of the Pub. Sts. c. 28, § 13, caused fireworks to be exhibited and discharged in a public square of the city; that the plaintiff was then and there rightfully in said square, and using due care; and that, by the negligence and unskilfulness of the defendant’s servants in discharging the fireworks, the plaintiff sustained personal injuries. The defendant demurred to the declaration, on the ground that it did not state a legal cause of…
1Opinion of the CourtC. Allen, J.
It may not be easy to reconcile all of the dicta, and perhaps not all of the decisions, in actions in which it has been sought to hold cities or towns responsible for injuries to persons or property sustained through negligence or wrongdoing on the part of the cities or towns themselves, or of persons alleged to have acted as their agents or servants. Many of the cases, however, can be distributed into classes, which have now come to be recognized, although in some instances the principles upon which the decisions ought ultimately to rest may still be somewhat shadowy.
There are certain cases…
2Cases cited18 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
13 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
- Mayor of Baltimore v. State Ex Rel. BluefordCourt of Appeals of Maryland · 1937
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
71 more not listed; retrieve them via the Exa API.