Bolster v. City of Lawrence
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of William P. Bolster for the conscious suffering and death of the plaintiff’s intestate alleged to have been caused by the giving way of a public bathhouse and its approaches maintained by the defendant under authority conferred by R. L. c. 25, §§ 20, 21. Writ dated June 17, 1914. The defendant demurred. The demurrer was heard and sustained by Dana, J., by whose order judgment was entered for the defendant. The plaintiff appealed.
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Tort by the administratrix of the estate of William P. Bolster for the conscious suffering and death of the plaintiff’s intestate alleged to have been caused by the giving way of a public bathhouse and its approaches maintained by the defendant under authority conferred by R. L. c. 25, §§ 20, 21. Writ dated June 17, 1914. The defendant demurred. The demurrer was heard and sustained by Dana, J., by whose order judgment was entered for the defendant. The plaintiff appealed. In five other actions against the same defendant, in which the pleadings were similar to the pleadings in this action, it…
1Opinion of the CourtRtjgg, C. J.
The allegations in the several counts of the plaintiff’s declaration, so far as now material, are in substance that the defendant city maintained and operated a bathhouse established by it on the shore of the Merrimac River, whereby the plaintiff’s intestate, who had resorted to the bathhouse for the enjoyment of the facilities there afforded, while in the exercise of due care, was mortally injured by the giving way of the structure and its approaches, resulting from the negligence of the defendant and its servants. The bathhouse was maintained under R. L. c. 25, §§20 and 21. Thereby the…
2Cases cited45 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Workman v. New York CitySupreme Court of the United States · 1900
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
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3Cited by156 opinions
- Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
- Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
151 more not listed; retrieve them via the Exa API.