Stevens v. Inhabitants of Dedham
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 20,1920, and afterwards amended, against the town of Dedham and one David H. Livingstone, the superintendent of streets of the town, seeking to enjoin the defendants from damaging the plaintiff’s premises by blasting in a nearby quarry and for damages. The town demurred and the demurrer was sustained. The suit then was referred to a master before whom it proceeded against the defendant superintendent óf streets only.
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Bill in equity, filed in the Superior Court on March 20,1920, and afterwards amended, against the town of Dedham and one David H. Livingstone, the superintendent of streets of the town, seeking to enjoin the defendants from damaging the plaintiff’s premises by blasting in a nearby quarry and for damages. The town demurred and the demurrer was sustained. The suit then was referred to a master before whom it proceeded against the defendant superintendent óf streets only. Material findings "of 'the master are described in the opinion. After the filing of his report the suit was heard by Wait,…
1Opinion of the CourtBraley, J.
The master states that, the demurrer of the defendant town having been sustained, “ the case proceeded only against the defendant Livingstone,” who is referred to in the report as the defendant. It is settled by Moynihan v. Todd, 188 Mass. 301, that, even if the defendant was superintendent of streets, he is liable for acts of personal misfeasance in the performance of his duty when operating the quarry leased by the town for the purpose of obtaining material in maintaining its highways. The plaintiff asks for injunctive relief restraining him when quarrying from throwing fragments of rock on…
2Cases cited10 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Boston & Maine Railroad v. SullivanMassachusetts Supreme Judicial Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dolham v. PetersonMassachusetts Supreme Judicial Court · 1937
- Cumberland Corp. v. MetropoulosMassachusetts Supreme Judicial Court · 1922
- Hakkila v. Old Colony Broken Stone & Concrete Co.Massachusetts Supreme Judicial Court · 1928
- Strachan v. Beacon Oil Co.Massachusetts Supreme Judicial Court · 1925
- Scott Construction Co. v. CobbIndiana Court of Appeals · 1928
6 more not listed; retrieve them via the Exa API.