Sheridan v. City of Salem
Massachusetts Supreme Judicial Court
Tort for an injury caused by the overflow of a common sewer through a connecting drain into the plaintiff’s cellar. At the trial in the Superior Court, before Brigham, C. J., it appeared in evidence that the common sewer was duly built in Fowler Street in Salem; that the plaintiff, after its completion in June, 1881, laid a private drain from the bottom of his cellar under his house, numbered 19 Fowler Street, and connected it with such sewer; and that the overflow, which…
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Tort for an injury caused by the overflow of a common sewer through a connecting drain into the plaintiff’s cellar. At the trial in the Superior Court, before Brigham, C. J., it appeared in evidence that the common sewer was duly built in Fowler Street in Salem; that the plaintiff, after its completion in June, 1881, laid a private drain from the bottom of his cellar under his house, numbered 19 Fowler Street, and connected it with such sewer; and that the overflow, which consisted of water and filth and offensive sewage, occurred at intervals from July to September, 1886, by reason of the…
1Opinion of the CourtC. Allen, J.
There was sufficient evidence, in our opinion, to warrant a finding by the jury, that there was a waiver of the requirement of a written permit, which would be binding upon the city. The provision requiring the permit to be in writing was merely for the benefit and convenience of the city. Mo general principle of public morals or policy is involved in it. Such a provision may be waived, like any other requirements intended merely for the security or benefit of a party, no matter whether contained in a contract, a city ordinance, a statute, or in the Constitution itself. Morrison v. Underwood,…
2Cases cited1 opinion
- Pacific Mutual Insurance v. CanterburyMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- City of Charlottesville v. Marks' Shows, Inc.Supreme Court of Virginia · 1942
- Cashman v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Breuck v. City of HolyokeMassachusetts Supreme Judicial Court · 1897
- Livingstone v. City of TauntonMassachusetts Supreme Judicial Court · 1892
- Daddario v. Town of MedfieldMassachusetts Supreme Judicial Court · 1936
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