Harding v. City of Boston
Massachusetts Supreme Judicial Court
Tort, for trespass upon the plaintiff’s land and wharf, with a count in contract. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for trespass upon the plaintiff’s land and wharf, with a count in contract. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced evidence tending tó show that in the year 1886 the board of alderrqen of the defendant city, by an order duly passed, and approved by the mayor on June 28,1886, laid out a common sewer through Granite Avenue, Adams Street, and Minot Street, which sewer became when constructed the property of the city. On June 30,1886, the city entered into a contract for thé construction of the sewer…
1Opinion of the CourtAllen, J.
The plaintiff’s count in contract may be disregarded, there being no evidence to support it; and no question was saved in regard to it.
The count in tort was for trespass upon the plaintiff’s land, *18consisting of or resulting from acts done by Gill and liis men, and by Ham and Carter. The only question is whether there was any evidence to show that the city was responsible for those acts, or for any of them. In our opinion there was not.
Gill was a contractor, and he made a written contract with the city for the construction of certain sewers. The work to be done was settled in advance, and was…
2Cases cited9 opinions
- Railroad Company v. HanningSupreme Court of the United States · 1873
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
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- City of Joliet v. HarwoodIllinois Supreme Court · 1877
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