Donaldson v. City of Boston
Massachusetts Supreme Judicial Court
Action of tort for injuries received from falling into a plumber’s furnace, about a foot high and a foot in diameter, placed on the sidewalk in Southac Street in Boston.
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Action of tort for injuries received from falling into a plumber’s furnace, about a foot high and a foot in diameter, placed on the sidewalk in Southac Street in Boston. At the trial before Hoar, J., the plaintiff, for the purpose of proving reasonable notice to the defendants, introduced evidence tending to show that the furnace was placed on the sidewalk at about half past seven o’clock in the morning, and remained there until about nine o’clock, when the injury was received; and that between those hours a very large number of citizens of Boston passed through the street; and the furnace,…
1Opinion of the CourtBigelow, C. J.
Evidence that the furnace had been in the same place on the sidewalk of the street, upon the day previous to the accident, was irrelevant and immaterial to the issue. If it occasioned a defect or obstruction, its removal at nightfall abated the nuisance, and the defendants were then in no-default in the performance of their duty. The street was safe and convenient until the furnace was again placed within its limits on the next day. But this was a separate and independent act, by a person acting under no authority or license from the defendants, occasioning a new obstruction to public travel,…
2Cited by3 opinions
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- Service v. WolterSupreme Court of Kansas · 1926