Donnelly v. Boston Catholic Cemetery Ass'n
Massachusetts Supreme Judicial Court
Tort for negligently burying the body of a stranger in a grave belonging to the plaintiff. Trial in the Superior Court, before Aldrich, J., who ordered a verdict for the defendant, and reported the case for the determination of this court as follows: It appeared that the defendant was specially incorporated by the St. of 1861, c. 292, “ for the purpose of establishing and perpetuating a place for the burial of the dead,” subject to the St. of 1841, c. 114,* and by subsequent…
Read the full summary
Tort for negligently burying the body of a stranger in a grave belonging to the plaintiff. Trial in the Superior Court, before Aldrich, J., who ordered a verdict for the defendant, and reported the case for the determination of this court as follows: It appeared that the defendant was specially incorporated by the St. of 1861, c. 292, “ for the purpose of establishing and perpetuating a place for the burial of the dead,” subject to the St. of 1841, c. 114,* and by subsequent legislation was authorized to hold real and personal estate for the purposes for which it was established to the-amount…
1Opinion of the CourtHolmes, J.
There was evidence warranting a verdict for the plaintiff if the defendant was subject to the ordinary rules of liability. We are of opinion that it was subject to those rules, and that by the terms of the report judgment must be entered for the plaintiff. McDonald v. Massachusetts General Hospital, 120 Mass. 432, was decided on the ground that the defendant was a public charitable institution under the laws of the Commonwealth, and Benton v. Trustees of Boston City Hospital, 140 Mass. 13, on the ground that, if it was not within the former decision, then the defendant was a mere agent to…
2Cases cited7 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Benton v. Trustees of the City HospitalMassachusetts Supreme Judicial Court · 1885
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
- Christgau v. Woodlawn Cemetery Assn.Supreme Court of Minnesota · 1940
34 more not listed; retrieve them via the Exa API.