Murdock Parlor Grate Co. v. Commonwealth
Massachusetts Supreme Judicial Court
Petition to the Superior Court, under the St. of 1887, c. 246,* for damages occasioned to the petitioner from the alleged negligence of the respondent Commonwealth, its officers and agents. Trial in the Superior Court, before Barker, J., who found for the petitioner, and reported the case for the determination of this court, in substance as follows.
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Petition to the Superior Court, under the St. of 1887, c. 246,* for damages occasioned to the petitioner from the alleged negligence of the respondent Commonwealth, its officers and agents. Trial in the Superior Court, before Barker, J., who found for the petitioner, and reported the case for the determination of this court, in substance as follows. The petitioner was the lessee of a room in the Ticknor Building, in Boston, occupied by it for the sale of goods; and the respondent was the lessee of another room in the same building, situated directly over that of the petitioner, and- occupied…
1Opinion of the CourtDevens, J.
The question presented by the report in the case at bar is, whether, on a petition brought by the petitioner in the Superior Court, the Commonwealth is responsible, under the Pub. Sts. c. 195, as enlarged by the St. of 1887, c. 246, for a tort committed by its servants, by negligent management and by overloading the floor of an apartment which had been hired by the Commonwealth, by which injury was done to another tenant who was in occupation of another apartment in the same building.
The Commonwealth can be sued in its own courts, undoubtedly, where clear statutory authority for that purpose…
2Cases cited13 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Gibbons v. United StatesSupreme Court of the United States · 1869
- DOX v. the Postmaster-GeneralSupreme Court of the United States · 1828
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3Cited by65 opinions
- Irwin v. Town of WareMassachusetts Supreme Judicial Court · 1984
- J. A. Sullivan Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1986
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Rome v. London & Lancashire Indemnity Co. of AmericaLouisiana Court of Appeal · 1936
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