Murphy v. City of Lowell
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT. The first was for personal injuries occasioned to the plaintiff by a stone thrown against her from a blast exploded in making excavations in the construction of a sewer in Suffolk Street, in Lowell. The second was brought by the husband of the plaintiff, in the first case for loss of services of his wife on account of the same injury, and also for injuries to his dwelling-house by stones from similar blasts. Answer, a general denial.
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Two ACTIONS OF TORT. The first was for personal injuries occasioned to the plaintiff by a stone thrown against her from a blast exploded in making excavations in the construction of a sewer in Suffolk Street, in Lowell. The second was brought by the husband of the plaintiff, in the first case for loss of services of his wife on account of the same injury, and also for injuries to his dwelling-house by stones from similar blasts. Answer, a general denial. At the trial in the Superior Court, before Rockwell, J., it appeared that by the city charter of Lowell, which was duly accepted on July 1,…
1Opinion of the Court
Gray, G. J.
By the present charter of the city of Lowell, it is provided that “ the board of aldermen shall have the power, whenever they shall adjudge it to be necessary for the public convenience or the public health, to cause main drains or common sewers to be laid through any street or private lands, and may repair the same whenever necessary, and shall pay the owners of such lands such damages as they may sustain by the laying or repairing of said main drains or common sewers ; and all such main drains or common sewers shall be the property of the city; ” and that all the existing…
2Cases cited2 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Curran v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
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