Taggart v. City of Fall River
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The first count was at common law, and the last two under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Lilley, J., who, at the close of the evidence, directed a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtAllen, J.
The general rule is, that cities and towns are not liable to private actions for omissions or neglect in the performance of corporate duties imposed upon them by law, unless such action is given by statute. Pettingell v. Chelsea, 161 Mass. 368. There are some exceptions to this rule, and the one now chiefly relied on by the plaintiff is, that a city or town is sometimes held liable to a private action when it derives a profit or advantage from the performance of the duty. The question before us is whether the present case falls within the general rule or the exception.
It appeared that the…
2Cases cited7 opinions
- Curran v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Pettingell v. City of ChelseaMassachusetts Supreme Judicial Court · 1894
- Hennessey v. City of New BedfordMassachusetts Supreme Judicial Court · 1891
- McCann v. City of WalthamMassachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Wooster v. ArbenzOhio Supreme Court · 1927
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Baumgardner v. City of BostonMassachusetts Supreme Judicial Court · 1939
11 more not listed; retrieve them via the Exa API.