Mooney v. Edison Electric Illuminating Co.
Massachusetts Supreme Judicial Court
Tort against the Edison Electric Illuminating Company, the Old Colony Street Railway Company and the city of Boston, for injuries alleged to have been received by the plaintiff while lawfully travelling on Centre Street, a highway of the city of Boston, at or near Cass Street in that city, through the alleged negligence of the defendant corporations, by reason of which Centre Street became charged with electricity, and through the alleged negligence of the defendant city in…
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Tort against the Edison Electric Illuminating Company, the Old Colony Street Railway Company and the city of Boston, for injuries alleged to have been received by the plaintiff while lawfully travelling on Centre Street, a highway of the city of Boston, at or near Cass Street in that city, through the alleged negligence of the defendant corporations, by reason of which Centre Street became charged with electricity, and through the alleged negligence of the defendant city in suffering the highway to remain so charged, whereby it was rendered and remained dangerous and defective, causing the…
1Opinion of the CourtHammond, J.
The plaintiff seeks to hold the two private corporations upon the ground that by their negligence the highway became charged with electricity, and the city of Boston upon the ground that it negligently suffered the highway to remain thus charged. As against the first two the liability rests solely upon the common law; as against the city, solely upon the statute. The private corporations had nothing to do with the negligence charged against the city, and the city had nothing to do with the negligence charged against the private corporations. The liability of the city depends upon statutory…
2Cases cited3 opinions
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- City of Boston v. CoonMassachusetts Supreme Judicial Court · 1900
- Ridley v. KnoxMassachusetts Supreme Judicial Court · 1884
3Cited by6 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Township of Hart v. NoretMichigan Supreme Court · 1916
- Miller v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1933
- Potomac Electric Power Co. v. HemlerCourt of Appeals for the D.C. Circuit · 1917
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