O'Brien v. City of Worcester
Massachusetts Supreme Judicial Court
Tort, for injuries caused to the plaintiffs’ property and health, by the alleged negligence of the defendant in the construction of a sewer. Trial in the Superior Court, before Gfas-Jcill, J., who allowed, exceptions tendered by both parties, those of the plaintiffs being in substance as follows. In 1890, the plaintiffs were the owners and occupants of a lot of land and house thereon on Bradley Street in the defendant city.
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Tort, for injuries caused to the plaintiffs’ property and health, by the alleged negligence of the defendant in the construction of a sewer. Trial in the Superior Court, before Gfas-Jcill, J., who allowed, exceptions tendered by both parties, those of the plaintiffs being in substance as follows. In 1890, the plaintiffs were the owners and occupants of a lot of land and house thereon on Bradley Street in the defendant city. The house was duly connected with the city sewer then existing in Bradley Street when the plaintiffs came into possession of it in 1889, and the drainage was good. It…
1Opinion of the CourtMorton, J.
The defendant was under no legal obligation to the plaintiffs to build or maintain a sewer in Bradley Street. It had a right to discontinue the old sewer and to build a new one, and it was not required to connect the premises of the plaintiffs with the new sewer. Under the regulations of the board of health, which are said in the defendant’s exceptions to have been duly adopted in accordance with authority conferred on the defendant by law, it belonged to the plaintiffs to do that. But in discontinuing the old sewer, the defendant was bound to proceed with due regard to the fact that the…
2Cases cited6 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- French v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Hawkins v. JamrogMassachusetts Supreme Judicial Court · 1931
8 more not listed; retrieve them via the Exa API.