Sceery v. City of Springfield
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “ And the plaintiff says, that in consideration that the plaintiff agreed to waive all claim for land damages by reason of the taking of his land for a certain street by said defendant, the defendant agreed and undertook to repair, in good and workmanlike manner, a building of the plaintiff, a part of which had stood on land so taken by said defendant, and the defendant negligently, and in an unworkmanlike manner, repaired said building…
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Tort. The declaration was as follows: “ And the plaintiff says, that in consideration that the plaintiff agreed to waive all claim for land damages by reason of the taking of his land for a certain street by said defendant, the defendant agreed and undertook to repair, in good and workmanlike manner, a building of the plaintiff, a part of which had stood on land so taken by said defendant, and the defendant negligently, and in an unworkmanlike manner, repaired said building and the building in consequence thereof fell and was greatly injured, and in falling greatly injured divers carriages,…
1Opinion of the CourtEndicoti, J.
Upon this report, the case presents the following facts, as admitted and tendered in proof: Dwight Street in Springfield having been extended as a way over land of the plaintiff, it became necessary to remove a portion of his barn, which stood within the limits of the extension. The plaintiff agreeing to waive all claim for damages for the taking of his land, the mayor of Springfield made an oral agreement with him, that the city would repair, in a good and workmanlike manner, that portion of the barn remaining on his own land outside the limits of the extension. The superintendent of…
2Cases cited2 opinions
- City of Springfield v. HarrisMassachusetts Supreme Judicial Court · 1871
- Barker v. Inhabitants of ChesterfieldMassachusetts Supreme Judicial Court · 1869
3Cited by1 opinion
- Boylston Market Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873