Prince v. City of Lynn
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while travelling upon a highway in the defendant city, through its alleged negligence or that of its agents or servants. Trial in the Superior Court, before Hammond, J., who ordered a verdict for the defendant; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtDevens, J.
The plaintiff seeks in an action of tort at common law to recover damages against the defendant for the alleged negligence of the superintendent of streets of the city of Lynn in making certain repairs in one of the streets in that city, by which negligence she was injured while lawfully using such street. Conceding the general proposition that a town is not responsible for the acts of public officers while engaged in the performance of their duties as prescribed and regulated by the statute, she contends that the case at bar comes within that class of cases in which it has been held that a…
2Cases cited7 opinions
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Waldron v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
- Deane v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1882
- McKenna v. KimballMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Collins v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1898
- Smith v. City of GloucesterMassachusetts Supreme Judicial Court · 1909
- Goddard v. Inhabitants of HarpswellSupreme Judicial Court of Maine · 1892
7 more not listed; retrieve them via the Exa API.