Legal Opinion
Bern v. Boston Consolidated Gas Co.
Massachusetts Supreme Judicial Court
Decided January 27, 1942PublishedCited by 23 opinions
1Opinion of the CourtCox, J.
This is an appeal from the order of the Appellate Division for the Northern District dismissing the report of the trial judge, who found for the defendant on the ground stated that it was not negligent. The first count of the plaintiff’s declaration is for negligence, the second is for a nuisance based upon the violation of G. L. (Ter. Ed.) c. 164, § 70, and the third is for nuisance in that the defendant unlawfully made an excavation in a public way.
There was evidence that at about 10:40 a.m. on Saturday, December 30, 1939, a service man of the defendant went to a house where it had been…
2Cases cited13 opinions
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Home Savings Bank v. SavranskyMassachusetts Supreme Judicial Court · 1940
- Himelfarb v. Novadel Agene Corp.Massachusetts Supreme Judicial Court · 1940
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Milmore v. LandauMassachusetts Supreme Judicial Court · 1940
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
- Memishian v. PhippsMassachusetts Supreme Judicial Court · 1942
- Rummel v. PetersMassachusetts Supreme Judicial Court · 1943
- Brodeur v. SeymourMassachusetts Supreme Judicial Court · 1944
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
18 more not listed; retrieve them via the Exa API.