Waldron v. City of Haverhill
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to tbe plaintiff’s real estate by reason of tbe operation of a stone-crusber on land of tbe defendant, between August 1 and October 21,1884. At tbe trial in tbe Superior Court, before Mason, J., it was admitted tbat tbe plaintiff, during tbe time alleged in bis declaration, was in the-occupation and possession of the premises described therein; and that, during said time, a stone-crusher, engine, and boiler, all of which were the property of the…
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Tort, for injuries occasioned to tbe plaintiff’s real estate by reason of tbe operation of a stone-crusber on land of tbe defendant, between August 1 and October 21,1884. At tbe trial in tbe Superior Court, before Mason, J., it was admitted tbat tbe plaintiff, during tbe time alleged in bis declaration, was in the-occupation and possession of the premises described therein; and that, during said time, a stone-crusher, engine, and boiler, all of which were the property of the defendant, were operated under the direction of one Mansur, who was the superintendent of streets of the defendant…
1Opinion of the Court
C. Allen, 'J.
If a city or town, instead of leaving the duty ■ of keeping the highways in repair to be performed by the officers, and in the methods provided by the general laws, assumes *584to perform it by means of agents whom it may direct and control, it may be held responsible for the acts of those agents. The chief grounds of a town’s exemption from responsibility for the acts of surveyors of highways, as stated in Walcott v. Swampscott, 1 Allen, 101, and in later cases, are, that their powers and duties are prescribed and regulated by statute, and that, in the performance of these duties,…
2Cases cited5 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Deane v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1882
- Sullivan v. City of HolyokeMassachusetts Supreme Judicial Court · 1883
3Cited by32 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
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