Mower v. Inhabitants of Leicester
Massachusetts Supreme Judicial Court
The declaration was “ in a plea of the case, for that there is a certain post road and public highway, leading from New York to Boston, which passes through the town of Leicester; and the said inhabitants are, and on the 6th day of April last past, were, by law, obliged to keep in repair that part thereof which lies within the said town, with all the causeways, bridges, and sluices, thereon; and * the said Ephraim is the owner and proprietor of a certain public stage-coach,…
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The declaration was “ in a plea of the case, for that there is a certain post road and public highway, leading from New York to Boston, which passes through the town of Leicester; and the said inhabitants are, and on the 6th day of April last past, were, by law, obliged to keep in repair that part thereof which lies within the said town, with all the causeways, bridges, and sluices, thereon; and * the said Ephraim is the owner and proprietor of a certain public stage-coach, which is constantly passing and repassing over the said highway in the said town of Leicester; which said stage-coach,…
1Opinion of the Court
Curia.
The plaintiff has brought his action against the inhabitants of the town of Leicester, for the loss of his horse, occasioned by the neglect of that town to keep a certain bridge in repair. The action is at common law, without alleging any notice to the inhabitants of the defect in the bridge, previously to the incurring of the damage by the plaintiff. But it is well settled that the common law gives no such action. Corporations created for their own benefit stand on the same ground, in this respect, as individuals. But quasi corporations, created by the legislature for purposes of…
2Cited by144 opinions
- Muskopf v. Corning Hospital DistrictCalifornia Supreme Court · 1961
- Ayala v. Philadelphia Board of Public EducationSupreme Court of Pennsylvania · 1973
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Stone v. Arizona Highway CommissionArizona Supreme Court · 1963
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