Legal Opinion

Worden v. City of New Bedford

Massachusetts Supreme Judicial Court

Decided April 8, 1881PublishedCited by 49 opinions

Tort for personal injuries occasioned to the plaintiff by falling through a trap-door in a room in a public building in the defendant city, known as the City Hall. Answer, a general denial. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the substance of which appears in the opinion.

1Opinion of the CourtMorton, J.

Under the instructions given them, the jury must have found that the city of New Bedford was the owner of a building known as the City Hall, used for the ordinary municipal purposes ,• that it had been accustomed to let it, for profit, for lectures, exhibitions, amusements and other like purposes, having no relation to municipal affairs or interests; that at the time the injury happened to the plaintiff it had, acting by its committee on public property, let the hall and a smaller room adjoining, for profit, to the Southern Massachusetts Poultry Association; that the sum paid by the…

2Cases cited2 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869

3Cited by49 opinions

  1. Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
  2. Public Service Company of New Hampshire v. Town of West Newbury, Thomas E. Pulkkinen, and Patricia Wells KnowlesCourt of Appeals for the First Circuit · 1987
  3. Chafor v. City of Long BeachCalifornia Supreme Court · 1917
  4. Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
  5. Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900

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