Lockwood v. Dover
Supreme Court of New Hampshire
Case, for negligence. The declaration contains three counts. The first count alleges that the defendants own and maintain a common sewer for carrying away surface water and sewerage from the dwelling-houses in the city, which empties into a brook that runs through the lot on which the plaintiff’s dwelling is located; that they so negligently managed the sewer that large quantities of filth and excrement were emptied into the brook, and were allowed to become deposited upon…
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Case, for negligence. The declaration contains three counts. The first count alleges that the defendants own and maintain a common sewer for carrying away surface water and sewerage from the dwelling-houses in the city, which empties into a brook that runs through the lot on which the plaintiff’s dwelling is located; that they so negligently managed the sewer that large quantities of filth and excrement were emptied into the brook, and were allowed to become deposited upon its bed and banks and to remain exposed, rendering the plaintiff’s premises unhealthy and causing offensive and…
1Opinion of the CourtBingham, J.
Whether the negligence -complained of in the first and third counts was due to the acts or omissions of the board of street and park commissioners while acting in pursuance of the legislative act under which they were created, or of other officers of the city, is matter of proof and cannot be gathered from the declaration. If it was not due to the acts or omissions of the board of street and park commissioners, but of some recognized agency of the city, it seems clear that the demurrer was properly overruled. If, on the other hand, the negligent acts or omissions were those of the street and…
2Cases cited18 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
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3Cited by6 opinions
- Roberts v. Sewerage and Water Bd.Supreme Court of Louisiana · 1994
- Hutchinson v. City of LakewoodOhio Supreme Court · 1932
- Fine v. Mayor & Council of WilmingtonSuperior Court of Delaware · 1953
- City of Manchester v. LandryCourt of Appeals for the First Circuit · 1912
- Pinsonneault v. ConcordSupreme Court of New Hampshire · 1923
1 more not listed; retrieve them via the Exa API.