Flynn v. Butler
Massachusetts Supreme Judicial Court
Tort for personal injuries. Writ dated May 21, 1904. At the trial in the Superior Court before Wait, J. it appeared that the plaintiff was injured at about nine o’clock on the morning of July 29,1903, by the explosion of certain gunpowder and dynamite then upon a piece of land about an acre in extent in that part of Tewksbury known as Riverside Park, which was owned one undivided half by the defendants, Paul Butler and Blanche Butler Ames, and the other undivided half by the…
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Tort for personal injuries. Writ dated May 21, 1904. At the trial in the Superior Court before Wait, J. it appeared that the plaintiff was injured at about nine o’clock on the morning of July 29,1903, by the explosion of certain gunpowder and dynamite then upon a piece of land about an acre in extent in that part of Tewksbury known as Riverside Park, which was owned one undivided half by the defendants, Paul Butler and Blanche Butler Ames, and the other undivided half by the heirs of one Nichols and one Fletcher. There were two magazines or powder houses upon this piece of land. One of them,…
1Opinion of the CourtBraley, J.
This is an action of tort for personal injuries caused by the explosion of gunpowder and other explosives, under the same general conditions which appear in the ease of Oulighan v. Butler, ante, 287.
By an amendment, the third count of the declaration was abandoned, and the trial proceeded upon the remaining counts. The first of these alleged that the defendants’ gunpowder was *385stored in violation of the R. L. c. 102, § 93, while by the second the plaintiff sought to hold them liable for the maintenance of a nuisance.
The land upon which the powder house stood, was situated in the town of…
2Cases cited37 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Heeg v. . LichtNew York Court of Appeals · 1880
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
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3Cited by33 opinions
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- Bedell Et Ux. v. GoulterOregon Supreme Court · 1953
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