City of Lowell v. Glidden
Massachusetts Supreme Judicial Court
Tort for the amount of a judgment recovered against the plaintiff by one Hamilton, for personal injuries, for which the plaintiff became responsible through the alleged negligent act of the defendant. Trial in the Superior Court, without a jury, before Hopkins, J., who found for the defendant, and reported the case for the determination of this court, in substance as follows. The defendant was the owner of a building situated on Elliott Street in Lowell.
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Tort for the amount of a judgment recovered against the plaintiff by one Hamilton, for personal injuries, for which the plaintiff became responsible through the alleged negligent act of the defendant. Trial in the Superior Court, without a jury, before Hopkins, J., who found for the defendant, and reported the case for the determination of this court, in substance as follows. The defendant was the owner of a building situated on Elliott Street in Lowell. The building, which was erected in 1870, was built on the westerly line of the defendant’s land, which coincides with the easterly line of…
1Opinion of the CourtLathrop, J.
It must be conceded in favor of the plaintiff, that, if a person has created a nuisance in a public street, and a city is in consequence thereof obliged to pay damages to a traveller on the street, the fact that the city is in fault in not removing the nuisance does not make it in pari delicto with the creator of the nuisance,- and prevent recovery against him. Lowell v. Boston & Lowell Railroad, 23 Pick. 24. Lowell v. Short, 4 Cush. 275. Swansey v. Chace, 16 Gray, 303. West Boylston v. Mason, 102 Mass. 341. Woburn v. Boston & Lowell Railroad, 109 Mass. 283. Campbell v. Somerville, 114 Mass.…
2Cases cited10 opinions
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1881
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3Cited by10 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Township of Hart v. NoretMichigan Supreme Court · 1916
- City of Holyoke v. Hadley Co.Massachusetts Supreme Judicial Court · 1899
5 more not listed; retrieve them via the Exa API.