French v. City of Boston
Massachusetts Supreme Judicial Court
Tort for damages alleged to have been caused by the detention of the plaintiff’s schooner by the superintendent of the draw in Warren Bridge.
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Tort for damages alleged to have been caused by the detention of the plaintiff’s schooner by the superintendent of the draw in Warren Bridge. The case was submitted to the Suoerior Court, and, after judgment for the plaintiff, to this court on appeal, on an agreed statement of facts in substance as follows: On February 27, 1879, the plaintiff, with his schooner, was in the waters of Charles River below Warren Bridge, loaded with coal to be landed at a wharf above the bridge, and had a tugboat with him engaged to tow his schooner to the wharf. He applied to the superintendent of the bridge,…
1Opinion of the CourtMorton, J.
The St. of 1874, c. 259, imposes upon the city of Boston the duty of maintaining Warren Bridge as a public highway “ at its own expense, and in accordance with such ordinances as the city council of said city may establish.” The duty thus imposed upon the city is a public duty, from the performance of which it receives no profit or advantage. It is well settled in this Commonwealth, that no private action can be maintained against a city for the neglect to perform such a duty, unless it is expressly authorized by statute. Hill v. Boston, 122 Mass. 344, and cases cited. ' By statute, the city…
2Cases cited1 opinion
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
3Cited by14 opinions
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- City of Anniston v. HillmanSupreme Court of Alabama · 1930
- Arkadelphia v. WindhamSupreme Court of Arkansas · 1886
- Greenwood v. Town of WestportDistrict Court, D. Connecticut · 1894
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