Hennessey v. City of New Bedford
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the caving in of a gravel bank, through the alleged negligence of the defendant city or that of its agents and servants. At the trial in the Superior Court, before Staples, J., the following facts were agreed.
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Tort, for personal injuries occasioned to the plaintiff by the caving in of a gravel bank, through the alleged negligence of the defendant city or that of its agents and servants. At the trial in the Superior Court, before Staples, J., the following facts were agreed. The charter of the defendant city, as amended by the St. of 1871, c. 180, provided, in § 1, that the mayor and aldermen should “perform all the duties and be subject to all the liabilities of highway surveyors.” The ordinances of the city (c. 14) relating to the street department provided, in §§ 1, 2, that the mayor and…
1Opinion of the CourtKnowlton, J.
The only question which it is necessary to consider in this case is whether the facts show conclusively that the work in which the plaintiff was engaged was being done under the authority of the board of mayor and aldermen acting in their official capacity as surveyors of highways. If so, he cannot recover. Walcott v. Swampscott, 1 Allen, 101. By virtue of the statute, they were in fact surveyors of highways, and under the ordinance they had certain duties to perform “in addition to their authority as surveyors of highways,” although much that is included in the enumeration of these duties is…
2Cases cited2 opinions
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Prince v. City of LynnMassachusetts Supreme Judicial Court · 1889
3Cited by14 opinions
- City of Wooster v. ArbenzOhio Supreme Court · 1927
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Orgeron v. Louisiana Power & Light Co.Louisiana Court of Appeal · 1932
- Collins v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1898
- Smith v. City of GloucesterMassachusetts Supreme Judicial Court · 1909
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