Legal Opinion

Cawley v. Northern Waste Co.

Massachusetts Supreme Judicial Court

Decided October 10, 1921PublishedCited by 31 opinions

Contract or tort, with a declaration in two counts, by the owner and lessor of premises on Phoenix Avenue in Lowell against the lessee for damages resulting from a fire upon the premises alleged to have been caused by the defendant.

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Contract or tort, with a declaration in two counts, by the owner and lessor of premises on Phoenix Avenue in Lowell against the lessee for damages resulting from a fire upon the premises alleged to have been caused by the defendant. Writ dated November 17, 1919. The plaintiff filed eight specifications, all but one of which were solely to the effect that the cause of the fire and loss to the plaintiff was a failure of the defendant to comply with the law and the ordinance of the city of Lowell, described below, and the rules and regulations of the national board of fire underwriters in the…

1Opinion of the CourtRugg, C. J.

This is “an action in contract or tort” brought by the owner and lessor of a building against the lessee to recover damages arising from a fire in the demised premises during the term. The lease contained provisions authorizing the defendant as lessee to install motors and necessary wires for carrying the electric current for use in the building, the same to be and remain the property of the lessee. The defendant covenanted “not to make or suffer any waste of said premises.”

The plaintiff offered in evidence an ordinance of the city of Lowell providing for an inspector of wires and purporting…

2Cases cited14 opinions

  1. Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
  2. United States v. MoreSupreme Court of the United States · 1805
  3. Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
  4. Louisville Trust Co. v. KnottSupreme Court of the United States · 1903
  5. Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1912

9 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
  2. Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
  3. Vigeant v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1927
  4. Enrich v. Windmere Corp.Massachusetts Supreme Judicial Court · 1993
  5. Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948

26 more not listed; retrieve them via the Exa API.

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