Donohue v. City of Newburyport
Massachusetts Supreme Judicial Court
Tort by an administrator for causing the death of the plaintiff’s intestate, a boy thirteen years of age, who, when returning from doing an errand for his mother, was killed by the falling upon him of a tree which stood on the edge of the sidewalk of Olive Street, a public way of the defendant, and was being cut down under the direction of the defendant’s tree warden on October 22,1910, the declaration containing two counts, one under R. L. c. 171, § 2, as amended by St.…
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Tort by an administrator for causing the death of the plaintiff’s intestate, a boy thirteen years of age, who, when returning from doing an errand for his mother, was killed by the falling upon him of a tree which stood on the edge of the sidewalk of Olive Street, a public way of the defendant, and was being cut down under the direction of the defendant’s tree warden on October 22,1910, the declaration containing two counts, one under R. L. c. 171, § 2, as amended by St. 1907, c. 375, alleging negligence of the tree warden, and the other under R. L. c. 51, § 17, alleging a defect in the…
1Opinion of the CourtRugg, C. J.
The plaintiff’s intestate, while a traveller upon a public way in the defendant city, received mortal injuries from the fall of a tree within the way which the tree warden of the defendant was undertaking to remove.
1. He seeks to recover for the death of his intestate first under R. L. c. 171, § 2, as amended by St. 1907, c. 375. This statute permits recovery in the name of the executor or administrator in *564a sum not less than $500, nor more than $10,000, to be assessed with reference to the degree of culpability of the defendant or his or its servants or agents, “If a person or corporation by…
2Cases cited48 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
43 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Gallant v. WorcesterMassachusetts Supreme Judicial Court · 1981
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Mayor of Baltimore v. State Ex Rel. BluefordCourt of Appeals of Maryland · 1937
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
45 more not listed; retrieve them via the Exa API.