Rome v. City of Worcester
Massachusetts Supreme Judicial Court
Tort, for injury to a brick building of the plaintiff on Water Street in Worcester from the alleged negligent blasting of rock by the defendant in the construction of a sewer under St. 1886, c. 331. Writ dated February 23, 1901. At the trial in the Superior Court before Graskill, J. the plaintiff offered to show that the method adopted of blasting with heavy charges in solid rock was not necessary to the performance of the work and was excessive and unreasonable.
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Tort, for injury to a brick building of the plaintiff on Water Street in Worcester from the alleged negligent blasting of rock by the defendant in the construction of a sewer under St. 1886, c. 331. Writ dated February 23, 1901. At the trial in the Superior Court before Graskill, J. the plaintiff offered to show that the method adopted of blasting with heavy charges in solid rock was not necessary to the performance of the work and was excessive and unreasonable. The judge excluded the evidence and ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
The alleged negligence of which the plaintiff complains was in the performance of the public duties imposed upon the city of Worcester by the St. 1886, c. 331. *308This statute was considered in Harrington v. Worcester, 186 Mass. 594, and was held to be unlike the ordinary' statutes for the construction and maintenance of sewers, under which there is a liability on the part of cities and towns for negligence, and like other statutes which impose upon cities and towns the performance of duties strictly public. The city, having constructed and maintained a sewer in accordance with the statute, was…
2Cases cited1 opinion
- Harrington v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
3Cited by5 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
- Stevens v. City of WorcesterMassachusetts Supreme Judicial Court · 1907
- Parsons v. City of WorcesterMassachusetts Supreme Judicial Court · 1919
- Wojnar v. County of WorcesterMassachusetts Supreme Judicial Court · 1927