Butman v. City of Newton
Massachusetts Supreme Judicial Court
Tort to recover for injury to the plaintiff and his carriage from his horse being frightened by the dumping of a load of stone on the wooden platform of a stone crusher and the letting off of steam from the engine of the crusher by the agents and servants of the defendant while operating the crusher near Commonwealth Avenue in Newton on which the plaintiff was driving.
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Tort to recover for injury to the plaintiff and his carriage from his horse being frightened by the dumping of a load of stone on the wooden platform of a stone crusher and the letting off of steam from the engine of the crusher by the agents and servants of the defendant while operating the crusher near Commonwealth Avenue in Newton on which the plaintiff was driving. Writ dated March 19, 1898. At the trial in the Superior Court, before Dewey, J., the following facts appeared : Commonwealth Avenue between Auburn Street and Charles River was laid out by the city of Newton April 30, 1895.…
1Opinion of the CourtLoring, J.
In this case, the plaintiff’s horse was frightened by some person or persons dumping a load of stone upon the wooden platform of a stone crusher, “ the noise from which, together with escaping steam, frightened the plaintiff’s horse and he ran away,” and caused the injury sued for. The employees who dumped the stone, and who had charge of the steam engine by which the stone crusher was run, were acting under the superintendent of streets, and were engaged in constructing Commonwealth Avenue.
1. The defendant’s first contention is that the act complained of is that of a public officer for which…
2Cases cited22 opinions
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
17 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
25 more not listed; retrieve them via the Exa API.