Legal Opinion

City of Boston v. Lecraw

Supreme Court of the United States

Decided February 12, 1855PublishedCited by 26 opinions

This case was brought up, by writ of error, from the circuit court of the United-States for the district of Rhode Island.

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This case was brought up, by writ of error, from the circuit court of the United-States for the district of Rhode Island. It was a suit Originally commenced in the circuit court of the United States for the district of Massachusetts, and removed into the circuit court of Rhode Island, upon the ground that Mr. Justice Curtis was so- connected with the plaintiff as to render-it, in his opinion, improper for him to sit in the trial of the suit; and that Judge Sprague was an inhabitant of Boston, and ..concerned in'interest in-this cause, so as to render it, in his opinion, improper for him…

1Opinion of the CourtJustice Grier

The defendant in error, a citizen of. New Hampshire, instituted this suit against the city of Boston, charging it with the erection of a public nuisance 'which was specially injurious to the plaintiff. The declaration contains seven counts. As the jury, under the instructions given by the court, gave a verdict for the plaintiff below on the last two only, it will be unnecessary to notice the others, or the points of law applicable to them.

These counts set forth, in substance, that in the year 1849 the plaintiff and a partner, since deceased, carried on the business of buying and selling wood…

2Cases cited2 opinions

  1. Austin v. CarterMassachusetts Supreme Judicial Court · 1804
  2. Butz v. IhrieSupreme Court of Pennsylvania · 1829

3Cited by26 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  3. Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
  4. Morris v. United StatesSupreme Court of the United States · 1899
  5. Potomac Steamboat Co. v. Upper Potomac Steamboat Co.Supreme Court of the United States · 1884

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