City of Boston v. Simmons
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “And the plaintiff says that at the time of the acts and doings hereinafter set forth it was, and now is, a municipal corporation duly established by law, in the county of Suffolk, in this Commonwealth, and was duly authorized by law to purchase land on which to construct a reservoir to be used in supplying said city and its inhabitants with pure water.
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Tort. The declaration was as follows: “And the plaintiff says that at the time of the acts and doings hereinafter set forth it was, and now is, a municipal corporation duly established by law, in the county of Suffolk, in this Commonwealth, and was duly authorized by law to purchase land on which to construct a reservoir to be used in supplying said city and its inhabitants with pure water. “ That the defendant Simmons was a member and the chairman of the Boston Water Board, a board duly established by law, and authorized and empowered to purchase for the plaintiff land to be used for the…
1Opinion of the CourtDevens, J.
The averment of a conspiracy in the declaration does not ordinarily change the nature of the action, nor add to its legal force or effect. The gist of the action is not the conspiracy alleged, but the tort committed against the plaintiff, and the damage thereby done it wrongfully. Where damage results from an act which, if done by one alone, would not afford ground of action, the like act would not be rendered actionable because done by several in pursuance of a conspiracy. Wellington v. Small, 3 Cush. 145. Parker v. Huntington, 2 Gray, 124. Hayward v. Draper, 3 Allen, 551, 552. Randall v.…
2Cases cited5 opinions
- United States v. State BankSupreme Court of the United States · 1878
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- McMillan v. . ArthurNew York Court of Appeals · 1885
- Cutter v. DemmonMassachusetts Supreme Judicial Court · 1873
3Cited by39 opinions
- Mary Pickford Co. v. Bayly Bros., Inc.California Supreme Court · 1939
- Dale v. Thomas H. Temple Co.Tennessee Supreme Court · 1948
- Fleming v. DaneMassachusetts Supreme Judicial Court · 1939
- von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
- Continental Management, Inc. v. United StatesUnited States Court of Claims · 1975
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