Moynihan v. Todd
Massachusetts Supreme Judicial Court
Three actions OE TORT against the superintendent of streets of the town of Rowley for personal injuries received in the manner stated in the opinion. Writs dated January 8 and 9, 1902. In the Superior Court the cases were tried together before Mason, C, J., who ordered verdicts for the defendant. The plaintiffs alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
These three actions are founded upon the alleged negligence of the defendant in carelessly blasting a rock in a highway, whereby the plaintiffs Toomey and Abbie M. Moynihan were struck by pieces of rock and injured, and the plaintiff Timothy Moynihan, husband of Abbie, was put to expense on account of his wife’s injury. It was admitted that the injured plaintiffs were in the exercise of due care.
The defendant was the superintendent of streets for the town of Rowley, and at the time of the accident he was repairing a street, with others working under his direction and subject to his control.…
2Cases cited36 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
31 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- Gildea v. EllershawMassachusetts Supreme Judicial Court · 1973
66 more not listed; retrieve them via the Exa API.