Kiernan v. Metropolitan Construction Co.
Massachusetts Supreme Judicial Court
Tort, for damage by fire to the plaintiff’s house in Chelsea and the furniture therein, alleged to have been caused by the obstruction of a hydrant in front of the house by the defendant company, which was engaged at the time in the construction of a sewer. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the nature of which appears in the opinion.
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Tort, for damage by fire to the plaintiff’s house in Chelsea and the furniture therein, alleged to have been caused by the obstruction of a hydrant in front of the house by the defendant company, which was engaged at the time in the construction of a sewer. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the nature of which appears in the opinion. The case was argued at the bar in November, 1897, and afterwards was submitted on briefs to all the justices.
1Opinion of the CourtBarker, J.
The plaintiff’s house was on fire, and upon the sidewalk in front of it there was a fire hydrant connected with a water service. The fire department of Chelsea came to put out the fire, and attempted to use the hydrant. It was covered in part or wholly by a barrel filled with hay placed over it by the defendant, and all the outlets of the hydrant were so covered but one, to which was connected a hose placed there by the defendant, and used by it in running a steam engine which the defendant was using to construct a sewer. There was no other hydrant in the immediate vicinity. Although there…
2Cases cited3 opinions
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
- Inhabitants of Hyde Park v. GayMassachusetts Supreme Judicial Court · 1876
3Cited by10 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TauerIndiana Supreme Court · 1911
- Newlin v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1944
- Gilbert v. New Mexico Const. Co.New Mexico Supreme Court · 1935
- Lebanon, Louisville & Lex. Tel. Co. v. Lanham Lumber Co.Court of Appeals of Kentucky · 1909
- Volquardsen v. Iowa Telephone Co.Supreme Court of Iowa · 1910
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