Murphy v. City of Lowell
Massachusetts Supreme Judicial Court
Two actions of tort. The first was for personal injuries occasioned to the plaintiff by a stone thrown against her from a blast exploded in making excavations in the construction of a sewer in Suffolk Street in Lowell. The second was brought by the husband of the plaintiff in the first case, for loss of services of his wife on account of the same injury, and also for injuries to his dwelling-house from similar blasts.
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Two actions of tort. The first was for personal injuries occasioned to the plaintiff by a stone thrown against her from a blast exploded in making excavations in the construction of a sewer in Suffolk Street in Lowell. The second was brought by the husband of the plaintiff in the first case, for loss of services of his wife on account of the same injury, and also for injuries to his dwelling-house from similar blasts. After the former decision, reported 124 Mass. 564, the cases were tried together in the Superior Court, before Colburn, J. ; the jury returned a verdict for the defendant in…
1Opinion of the CourtAmes, J.
Under the law of this State, the mayor and aider-men of the defendant city had authority to lay, make and maintain all such main drains and common sewers as they should adjudge to be necessary for the public convenience or the public health. St. 1869, c. Ill, § 1. Gen. Sts. e. 48. As there is no suggestion of any irregularity in the formal preliminary proceedings of the board of aldermen, it must be inferred that, in the construction of the sewer in question, the defendant was acting under this general authority and responsibility. An authority conferred upon municipal corporations or…
2Cases cited1 opinion
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- Fitz Simons & Connell Co. v. Braun & FittsIllinois Supreme Court · 1902
- Sullivan v. CommonwealthMassachusetts Supreme Judicial Court · 1957
- Goldman v. ReganMassachusetts Supreme Judicial Court · 1924
- Stewart v. HanreddyMassachusetts Supreme Judicial Court · 1912
- Hoffman v. WalshMissouri Court of Appeals · 1906
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