Legal Opinion
Town of Freetown v. New Bedford Wholesale Tire, Inc.
Massachusetts Supreme Judicial Court
Decided July 16, 1981PublishedCited by 3 opinions
1Opinion of the CourtBraucher, J.
The plaintiff town seeks to recover from the defendants its cost of fighting a fire on land of the defendant corporation. It claims damages on the basis of common law tort liability for negligence or misrepresentation and on the basis of G. L. c. 266, § 8, and G. L. c. Ill, § 145. The complaint was dismissed in the Superior Court under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), and we transferred the plaintiffs appeal to this court on our motion. We affirm the judgment for the defendants.
The complaint contained two counts. In the first the town alleged that the defendants had…
2Cases cited12 opinions
- Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
- People v. WilsonCalifornia Court of Appeal · 1966
- United States v. Chesapeake & O. Ry. Co.Court of Appeals for the Fourth Circuit · 1942
- Town of Dartmouth v. SilvaMassachusetts Supreme Judicial Court · 1950
- United States v. Burlington Northern, Inc., and John R. SolomonCourt of Appeals for the Ninth Circuit · 1974
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- District of Columbia, a Municipal Corporation v. Air Florida, Inc.Court of Appeals for the D.C. Circuit · 1984
- City of Boston v. Smith & Wesson Corp.Massachusetts Superior Court · 2000
- State v. Black Hills Power, Inc., a South Dakota corporationWyoming Supreme Court · 2015