Murray v. City of Boston
Massachusetts Supreme Judicial Court
Tort against the city of Boston for damage to the plaintiff’s property on January 3, 1910, caused by the bursting of a water pipe of the defendant on Tremont Street as stated in the opinion. Writ dated February 23, 1911. In the Superior Court the case was tried before Stevens, J. At the close of the plaintiff’s evidence, which is described in the opinion, the defendant rested.
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Tort against the city of Boston for damage to the plaintiff’s property on January 3, 1910, caused by the bursting of a water pipe of the defendant on Tremont Street as stated in the opinion. Writ dated February 23, 1911. In the Superior Court the case was tried before Stevens, J. At the close of the plaintiff’s evidence, which is described in the opinion, the defendant rested. The witness Hannon, mentioned in the opinion, was the water commissioner of the defendant at the time of the bursting of the water pipe that caused the damage to the plaintiff’s property. The judge instructed the jury…
1Opinion of the CourtDe Courcy, J.
A thirty inch water pipe of the cityjn Tremont Street burst on January 3, 1910; and the plaintiff seeks to recover for property damage resulting therefrom. There was evidence that the break was due to carelessness in construction, especially in failing to support the pipes by proper bearings at places where two lengths were joined. Originally the section was laid in the middle of Tremont Street, and was changed to the easterly side of the street after the subway was built in or about 1897. The controlling question is whether the responsibility for negligence in the laying of this pipe rests…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Crocker v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1902
3Cited by3 opinions
- Stewart v. Hugh Nawn Contracting Co.Massachusetts Supreme Judicial Court · 1916
- Moraski v. T. A. Gillespie Co.Massachusetts Supreme Judicial Court · 1921
- Cole Drug Co. v. City of BostonBoston Municipal Court · 1949