Oliver v. City of Worcester
Massachusetts Supreme Judicial Court
Tout for injuries sustained by falling into a hole in the ground on the south side of the city hall, upon the public common, in Worcester, on the evening of Sunday, April 5, 1866. Writ dated November 8, 1866. At the trial in the superior court, before Rockwell, J., these facts appeared: The plaintiff resided in Worcester, and at the time of the accident was returning home, with another woman, from an evening service at the meeting-house of a religious society on Park Street,…
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Tout for injuries sustained by falling into a hole in the ground on the south side of the city hall, upon the public common, in Worcester, on the evening of Sunday, April 5, 1866. Writ dated November 8, 1866. At the trial in the superior court, before Rockwell, J., these facts appeared: The plaintiff resided in Worcester, and at the time of the accident was returning home, with another woman, from an evening service at the meeting-house of a religious society on Park Street, south of the common. “ There were several gravelled walks crossing the common in various directions; one of which,…
1Opinion of the CourtGray, J.
The distinction is well established between the responsibilities of towns and cities for acts done in their public capacity, in the discharge of duties imposed upon them by the legislature for the public benefit, and for acts done in what may be called their private character, in the management of property or rights voluntarily held by them for their own immediate profit or advantage as a corporation, although inuring, of course, ultimately to the benefit of the public.
To render municipal corporations liable to private action* for omission or neglect to perform a corporate duty imposec by…
2Cases cited7 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
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3Cited by144 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
139 more not listed; retrieve them via the Exa API.