Hathaway v. City of Everett
Massachusetts Supreme Judicial Court
Tort against the city of Everett for injuries to the plaintiff’s person and damage to his property as the result of acts alleged to have been committed by the defendant’s agents and servants.
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Tort against the city of Everett for injuries to the plaintiff’s person and damage to his property as the result of acts alleged to have been committed by the defendant’s agents and servants. Writ dated March 9, 1908. In the Superior Court the case came on to be tried before Sanderson, J. After the formal opening of the case by the plaintiff, the judge asked the plaintiff to make an offer of proof of the facts he intended to show and upon which he relied to maintain his action. In compliance with the judge’s request the plaintiff offered to show that on July 16, 1902, a riot took place in the…
1Opinion of the CourtBraley, J.
If the plaintiff could have proved the allegations of his declaration, that his premises had been invaded and he had been assaulted and robbed by police officers of the defendant, and that his real estate through a conspiracy of its board of assessors had been excessively overvalued and he had been compelled to pay taxes fraudulently assessed, he would not have established a cause of action against the defendant. Policemen and assessors, when guilty of such wilful wrongdoing, do not act as servants of the city, although they may have been appointed or elected by it, but as public officers,…
2Cases cited3 opinions
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Smith v. City of GloucesterMassachusetts Supreme Judicial Court · 1909
- Alger v. Inhabitants of EastonMassachusetts Supreme Judicial Court · 1875
3Cited by16 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Kenyon v. City of ChicopeeMassachusetts Supreme Judicial Court · 1946
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
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