Hoosac Tunnel Dock & Elevator Co. v. O'Brien
Massachusetts Supreme Judicial Court
Tort against James W. O’Brien and Rufus W. Sprague. The declaration alleged that the plaintiff was a corporation duly established by the laws of this Commonwealth, and doing business in the city of Boston; that it owned and used in its business certain wharves, and the buildings and machinery thereon; that on or about November 4, 1882, one Thomas Hogan received an injury at or near one of its wharves, in consequence of the negligence of some of the plaintiff’s servants, for…
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Tort against James W. O’Brien and Rufus W. Sprague. The declaration alleged that the plaintiff was a corporation duly established by the laws of this Commonwealth, and doing business in the city of Boston; that it owned and used in its business certain wharves, and the buildings and machinery thereon; that on or about November 4, 1882, one Thomas Hogan received an injury at or near one of its wharves, in consequence of the negligence of some of the plaintiff’s servants, for which Hogan instituted an action against the plaintiff, in which the defendant O’Brien appeared as his counsel, on…
1Opinion of the CourtMorton, C. J.
The principle is too well settled to require discussion, that every judge, whether of a higher or a lower court, is exempt from liability to an action for any judgment given by him in the due course of the administration of justice. This immunity is founded upon considerations of public policy, and, as stated by Chief Justice Kent, in Yates v. Lansing, 5 Johns. 282, and 9 Johns. 395, “has a deep root in the common law.” It is of the highest importance that judges and others engaged in the administration of justice should be independent, and should act upon their own free and unbiased…
2Cases cited5 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Yates v. LansingNew York Supreme Court · 1810
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
- Jones v. BrownSupreme Court of Iowa · 1880
3Cited by22 opinions
- Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
- Gildea v. EllershawMassachusetts Supreme Judicial Court · 1973
- Andrews v. Tuttle-Smith Co.Massachusetts Supreme Judicial Court · 1906
- Greenwood v. MooradianCalifornia Court of Appeal · 1955
- Allard v. EstesMassachusetts Supreme Judicial Court · 1935
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