Legal Opinion

Lincoln v. City of Boston

Massachusetts Supreme Judicial Court

Decided February 28, 1889PublishedCited by 32 opinions

Tort. The declaration was as follows: “ And now comes the plaintiff in the above entitled action, and says that the defendant is a corporation existing under the laws of Massachusetts; that upon the eleventh day of August, A. D. 1888, said plaintiff was driving in a buggy upon the highway in said Boston known as Charles Street toward Beacon Street; that the horse attached to said buggy was owned by the plaintiff, and was tractable and broken to harness; that the plaintiff…

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Tort. The declaration was as follows: “ And now comes the plaintiff in the above entitled action, and says that the defendant is a corporation existing under the laws of Massachusetts; that upon the eleventh day of August, A. D. 1888, said plaintiff was driving in a buggy upon the highway in said Boston known as Charles Street toward Beacon Street; that the horse attached to said buggy was owned by the plaintiff, and was tractable and broken to harness; that the plaintiff was experienced in driving horses, and was at all times hereafter mentioned in the exercise of due care; that while he was…

1Opinion of the CourtHolmes, J.

We shall not enter upon the discussion to which we were invited by the arguments, as to whether a private landowner would be liable to travellers upon a highway for the noise caused by the firing of a cannon three times upon his land by *580his license. The case of White v. Jameson, L. R. 18 Eq. 303, assuming that we should follow it, does not go to the extent of holding a landowner liable for a transitory act of a third person, the scope of which cannot be enlarged by calling it a public nuisance, and which has in it no element of continuing use of the real estate. See Butterfield v. Boston,…

2Cases cited16 opinions

  1. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  2. Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
  3. Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
  4. Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
  5. Dalay v. SavageMassachusetts Supreme Judicial Court · 1887

11 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Davis v. MassachusettsSupreme Court of the United States · 1897
  2. Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
  3. Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
  4. Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
  5. Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1895

27 more not listed; retrieve them via the Exa API.

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