Sullivan v. City of Holyoke
Massachusetts Supreme Judicial Court
The first case was an action of tort for personal injuries occasioned to the plaintiff’s intestate, Peter Sullivan, by an explosion of naphtha, alleged to have been negligently stored by the defendant. The second case was an action of tort for loss of services of said Peter by the same explosion, Peter being the minor son of the plaintiff.
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The first case was an action of tort for personal injuries occasioned to the plaintiff’s intestate, Peter Sullivan, by an explosion of naphtha, alleged to have been negligently stored by the defendant. The second case was an action of tort for loss of services of said Peter by the same explosion, Peter being the minor son of the plaintiff. The cases were tried together in the Superior Court, without a jury, before Putnam, J., who reported them for the determination of this court, in substance as follows: Peter Sullivan was about twelve years of age. One Patrick Long, a boy about fourteen…
1Opinion of the CourtDevens, J.
There was some evidence tending to show negligence in storing the naphtha in the building, which was the cause of the injury. It is a more difficult question whether the ruling that, as matter of law, upon the evidence, the defendant was not responsible therefor, can be maintained.
The naphtha was found in the building owned by the defendant, and occupied principally by its superintendent of streets. The same substance was originally stored there in 1879, by the chairman of the committee on fuel and street lights, who was then one of the aldermen of the city; and it had been continuously kept…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Deane v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1882
3Cited by15 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
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