Doherty v. Inhabitants of Braintree
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff’s intestate, through the negligence of the defendant’s servants, by the fall of a derrick while being used by them in rebuilding a bridge. At the trial in the Superior Court, before Pitman, J., the plaintiff offered to prove the following facts. Early in 1882, a bridge across the Monatiquot River, and a part of Quincy Avenue, a public highway duly laid out in the defendant town, became unsafe.
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Tort for personal injuries occasioned to the plaintiff’s intestate, through the negligence of the defendant’s servants, by the fall of a derrick while being used by them in rebuilding a bridge. At the trial in the Superior Court, before Pitman, J., the plaintiff offered to prove the following facts. Early in 1882, a bridge across the Monatiquot River, and a part of Quincy Avenue, a public highway duly laid out in the defendant town, became unsafe. By the St. of 1882, c. 81, which was approved on February 21, 1882, the defendant town was “ directed to rebuild the bridge over the Monatiquot…
1Opinion of the CourtC. Allen, J.
It is a general rule in this Commonwealth, though subject to some exceptions, that a private action will not lie against a town to recover damages sustained in consequence of the negligence of its agents in the performance of a duty which, under requirement or authority of law, the town has assumed, with a sole view to the general benefit, unless such action is given by statute. Hill v. Boston, 122 Mass. 344, 345, 351. Tindley v. Salem, 137 Mass. 171. See also Benton v. Boston City Hospital, 140 Mass. 13.
But the duty of building a road or bridge has not been deemed to fall' within this…
2Cases cited6 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Benton v. Trustees of the City HospitalMassachusetts Supreme Judicial Court · 1885
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Waldron v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
9 more not listed; retrieve them via the Exa API.