McCarthy v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court, in substance as follows : The plaintiff offered evidence tending to show that he received injuries by falling from a tree, while engaged, under the direction of a foreman or assistant superintendent employed by the defendant, in cutting a branch from the tree; that the accident…
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Tort for personal injuries received by the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court, in substance as follows : The plaintiff offered evidence tending to show that he received injuries by falling from a tree, while engaged, under the direction of a foreman or assistant superintendent employed by the defendant, in cutting a branch from the tree; that the accident was occasioned by the gross carelessness of the defendant in neglecting to furnish him with proper implements, to employ…
1Opinion of the CourtField, J.
Our attention has not been called to any special laws relating to trees in the city of Boston, except the St. of 1799, c. 31. Section 5 of this act provides that “no person shall plant any tree in any street in the said town of Boston, without leave first obtained from the surveyors of highways, who shall have power to remove the same.” It does not appear from the report when the accident happened; but, assuming that the Public Statutes correctly represent the statutory law as it existed at that time, surveyors of highways and road commissioners had authority to cut down and lop off trees and…
2Cases cited7 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Lemon v. City of NewtonMassachusetts Supreme Judicial Court · 1883
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3Cited by10 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Clark v. Inhabitants of EastonMassachusetts Supreme Judicial Court · 1888
- Brown v. Inhabitants of EdgartownMassachusetts Supreme Judicial Court · 1920
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1889
- Bigelow v. WhitcombSupreme Court of New Hampshire · 1904
5 more not listed; retrieve them via the Exa API.