Stock v. City of Boston
Massachusetts Supreme Judicial Court
Tout for negligently exposing a water pipe connected with the plaintiff’s greenhouse, while the defendant by its servants and agents was constructing a sewer in Minot Street, on December 2, 3, 1886, so that the water in the pipe froze, thus depriving the plaintiff of water for steam-heating in such greenhouse, and for use on his plants, whereby such plants were injured.
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Tout for negligently exposing a water pipe connected with the plaintiff’s greenhouse, while the defendant by its servants and agents was constructing a sewer in Minot Street, on December 2, 3, 1886, so that the water in the pipe froze, thus depriving the plaintiff of water for steam-heating in such greenhouse, and for use on his plants, whereby such plants were injured. Trial in the Superior Court, before Ldthrop, J., who allowed a bill of exceptions, in substance as follows. The plaintiff’s evidence tended to show that the sewer was being constructed by one Gill, under a contract with the…
1Opinion of the CourtMorton, C. J.
The servants of the defendant, in constructing a sewer in Minot Street, uncovered a water pipe running to the greenhouse of the plaintiff. The jury have found that they were negligent in leaving it exposed for several days, in severely cold weather; that this caused the water in it to freeze, and thus cut off the supply of water of the plaintiff. While a city or town *414is not liable in tort for injuries caused by the plan or scheme of a sewer laid out by the board of aldermen, it is liable for the negligence of its servants in carrying out the plan in constructing the sewer. Emery v. Lowell,…
2Cases cited4 opinions
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Murphy v. City of LowellMassachusetts Supreme Judicial Court · 1878
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- Jones v. KellyCalifornia Supreme Court · 1929
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