Tainter v. City of Worcester
Massachusetts Supreme Judicial Court
Contract, with counts in tort, for injuries sustained by the destruction of the plaintiff’s mill by fire. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff put in evidence tending to show’ that she was the owner of a certain mill in the city of Worcester, which was destroyed by fire on June 17, 1874; that the fire, when first discovered, could have been extinguished, without the mill receiving material…
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Contract, with counts in tort, for injuries sustained by the destruction of the plaintiff’s mill by fire. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff put in evidence tending to show’ that she was the owner of a certain mill in the city of Worcester, which was destroyed by fire on June 17, 1874; that the fire, when first discovered, could have been extinguished, without the mill receiving material injury, if there had been water in a certain hydrant in a street near the premises; and that the loss occurred by reason…
1Opinion of the CourtGray, C. J.
This action is brought against the city of Worcester to recover damages suffered by the destruction of the plaintiff’s mill by an accidental fire in consequence of the neglect of the city to maintain a hydrant by which the fire might have been extinguished. The declaration is in several counts, and no objection is made to its form, provided the plaintiff is entitled to maintain any action against the city upon the evidence stated in the bill of exceptions.
The protection of all the buildings in a city or town from destruction or injury by fire is for the benefit of all the inhabitants and for…
2Cases cited6 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Brinkmeyer v. City of EvansvilleIndiana Supreme Court · 1867
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Nutter v. RussellCourt of Appeals of Kentucky · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
- Whalen v. Worcester Electric Light Co.Massachusetts Supreme Judicial Court · 1940
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
36 more not listed; retrieve them via the Exa API.