Hersey v. Chapin
Massachusetts Supreme Judicial Court
Tort, in three counts. The first count was for breaking and entering the plaintiff’s close in Springfield. The other counts were for taking possession of and using the plaintiff's premises without his consent, as a hospital for patients sick with the small-pox. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows.
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Tort, in three counts. The first count was for breaking and entering the plaintiff’s close in Springfield. The other counts were for taking possession of and using the plaintiff's premises without his consent, as a hospital for patients sick with the small-pox. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The defendants constituted the board of health of the city of Springfield' for the year 1893. It appeared in evidence that the plaintiff was the owner of a building in Springfield, worth about 1-3,000, which was occupied by two…
1Opinion of the CourtKnowltojst, J.
In this case the jury found specially, from evidence a part of which is not reported, that the defendants, acting as a board of health, established and used the plaintiff’s premises as a hospital. This they could not lawfully do without the consent of the owner, except under a warrant issued in accordance with the provisions of Pub. Sts. c. 80, § 43. The finding of the jury, therefore, establishes, for the purposes of this case, the proposition that the defendants acted without lawful authority, and that they are therefore liable to any person who suffered damage in his property from their…
2Cases cited5 opinions
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
- Chalmers v. SmithMassachusetts Supreme Judicial Court · 1891
- Spring v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1884
- Bascom v. DempseyMassachusetts Supreme Judicial Court · 1887
- Brown v. MurdockMassachusetts Supreme Judicial Court · 1885
3Cited by8 opinions
- Delano v. SmithMassachusetts Supreme Judicial Court · 1910
- Barry v. SmithMassachusetts Supreme Judicial Court · 1906
- Attorney General v. Dime Savings Bank of New York, FSBMassachusetts Supreme Judicial Court · 1992
- Durgin v. MinotMassachusetts Supreme Judicial Court · 1909
- Ercanbrack v. ClarkUtah Supreme Court · 1932
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