Lincoln v. City of Boston
Massachusetts Supreme Judicial Court
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
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Davis v. MassachusettsSupreme Court of the United States · 1897
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1895
27 more not listed; retrieve them via the Exa API.