Kelley v. City of Boston
Massachusetts Supreme Judicial Court
Tort for injuries to an awning, extending from the plaintiff’s premises on City Hall Avenue in Boston, alleged to have been caused by snow and ice negligently thrown from the roof of the city hall of that city. Writ in the Municipal Court of the City of Boston dated March 14, 1902. On appeal to the Superior Court the ease was tried before Richardson, J., who upon an agreed statement of facts ordered judgment for the plaintiff in the sum of $45 ; and the defendant appealed.
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Tort for injuries to an awning, extending from the plaintiff’s premises on City Hall Avenue in Boston, alleged to have been caused by snow and ice negligently thrown from the roof of the city hall of that city. Writ in the Municipal Court of the City of Boston dated March 14, 1902. On appeal to the Superior Court the ease was tried before Richardson, J., who upon an agreed statement of facts ordered judgment for the plaintiff in the sum of $45 ; and the defendant appealed. By the agreed facts it appeared that the men who threw the snow and ice from the roof of the city hall were employed by…
1Opinion of the CourtLathrop, J.
It is familiar law that if the city hall wás used exclusively for the performance of duties imposed upon the defendant by statute, this would exempt the city from liability for the negligence of those to whom the care and custody of the building was intrusted; and the plaintiff seeks to hold the defendant liable principally upon the ground that a portion of the-building was occupied by the water, department, the city collector, and the superintendent of streets who has charge of several divisions, including the ferry division and the sewer division. The agreed facts state that the city hall…
2Cases cited13 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Benton v. Trustees of the City HospitalMassachusetts Supreme Judicial Court · 1885
- Curran v. City of BostonMassachusetts Supreme Judicial Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Allas v. Borough of RumsonSupreme Court of New Jersey · 1935
- Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
11 more not listed; retrieve them via the Exa API.