Brown v. Murdock
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Palmer, namely, a boarding-house, and taking possession of certain personal property, and converting the same to the defendant’s use.
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Tort for breaking and entering the plaintiff’s close in Palmer, namely, a boarding-house, and taking possession of certain personal property, and converting the same to the defendant’s use. The answer alleged that a contagious disease, dangerous to the public health, known as small-pox, existed in the plaintiff’s house; that a portion of said property was infected with said disease; that the defendant was a member of the board of selectmen and board of health in Palmer; and that whatever was done by him was done for the purpose of preventing the spread of said disease, and for the safety of…
1Opinion of the CourtDevens, J.
Before considering the instructions requested by the defendant, it is proper to call attention to the different and distinct duties and powers of the board of health where a person ill with an infectious disease is found in a house, so sick that he cannot be removed, and where he is not so sick but that he may be removed with safety. In the latter case, the board of health may. make provision, in the manner it judges best for the safety of the inhabitants, by removing the person “ to a separate house or otherwise,” and “ by providing nurses and other assistance and necessaries.” Pub. Sts. e.…
2Cases cited1 opinion
- Spring v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1884
3Cited by3 opinions
- Hersey v. ChapinMassachusetts Supreme Judicial Court · 1894
- Town of Knightstown v. HomerIndiana Court of Appeals · 1905
- Whidden v. CheeverSupreme Court of New Hampshire · 1897