Fisher v. City of Boston
Massachusetts Supreme Judicial Court
Tort for injuries resulting to the plaintiff from the bursting of the hose attached to a fire-engine at a fire in Boston on September 8,1868. The declaration was as follows: " And the plaintiff says the city of Boston was authorized by the legislature of this Commonwealth, first by the St. of 1825, c. 52, and subsequently by the St. of 1850, c. 262, to establish and maintain in said city a fire department for said city; and on or about June 4, 1850 said city adopted said…
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Tort for injuries resulting to the plaintiff from the bursting of the hose attached to a fire-engine at a fire in Boston on September 8,1868. The declaration was as follows: " And the plaintiff says the city of Boston was authorized by the legislature of this Commonwealth, first by the St. of 1825, c. 52, and subsequently by the St. of 1850, c. 262, to establish and maintain in said city a fire department for said city; and on or about June 4, 1850 said city adopted said last named act, and voluntarily established, and ever afterwards, and during the month of September 1868, voluntarily…
1Opinion of the CourtGray, J.
Cities and towns are authorized by law to procure and maintain fire-engines and reservoirs of water therefor, and to pay the necessary expense thereof, either by general taxation or out of moneys belonging to the town; because the prevention of damage to buildings by fire is an object which affects the interest of all the inhabitants and relieves them from a common burden and danger, and is therefore within the scope of municipal authority. Allen v. Taunton, 19 Pick. 485. Torrey v. Millbury, 21 Pick. 64. Hardy v. Waltham, 3 Met. 163. For the same reason, they are expressly authorized by…
2Cases cited4 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Nutter v. RussellCourt of Appeals of Kentucky · 1860
3Cited by108 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Workman v. New York CitySupreme Court of the United States · 1900
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
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