Young v. City of Chicopee
Massachusetts Supreme Judicial Court
Contract for labor and materials furnished in repairing a wooden bridge totally destroyed by fire while the work was proceeding. Writ dated November 24, 1903. At the trial in the Superior Court White, J. refused to rule that the defendant was not liable for the loss of material upon the bridge or its approaches which had not been wrought into the structure at the time of the fire.
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Contract for labor and materials furnished in repairing a wooden bridge totally destroyed by fire while the work was proceeding. Writ dated November 24, 1903. At the trial in the Superior Court White, J. refused to rule that the defendant was not liable for the loss of material upon the bridge or its approaches which had not been wrought into the structure at the time of the fire. The jury returned a verdict for the plaintiff in the sum of $1,312.43. The defendant alleged exceptions, wherein it was stated, that if the plaintiff could recover in any form of action for the materials furnished…
1Opinion of the CourtHammond, J.
This is an action to recover for work and materials furnished under a written contract, providing for the repair of a wooden bridge forming a part of the highway across the Connecticut River. While the work was in progress the *519bridge was totally destroyed by fire without the fault of either party, so that the contract could not be performed.
The specifications required that the timber and other woodwork of the carriage way, wherever decayed, should be replaced by sound material securely fastened, so that the way should be in a “complete and substantial condition.” As full compensation both for…
2Cases cited6 opinions
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Angus v. ScullyMassachusetts Supreme Judicial Court · 1900
- Niblo v. BinsseNew York Court of Appeals · 1864
- Haynes, Spencer & Co. v. Second Baptist ChurchSupreme Court of Missouri · 1885
- Rawson v. ClarkIllinois Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Vickery v. RitchieMassachusetts Supreme Judicial Court · 1909
- Albre Marble & Tile Co. Inc. v. John Bowen Co. Inc.Massachusetts Supreme Judicial Court · 1959
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
- Rodríguez López v. Municipio de CarolinaSupreme Court of Puerto Rico · 1953
- Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
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