Legal Opinion

Robinson v. City of Everett

Massachusetts Supreme Judicial Court

Decided May 17, 1908PublishedCited by 4 opinions

Three actions of tort against the city of Everett for damages caused by an alleged defect in a sewer in Bow Street in that city as stated in the opinion. Writs dated November 25, 1902. In the Superior Court the cases were tried together before Hitchcock, J. He ruled that the plaintiffs could not maintain their actions, and ordered verdicts for the defendant. The plaintiffs alleged exceptions.

1Opinion of the CourtHammond, J.

These are three actions of tort to recover damages for injury to personal and real property by reason of *588the negligent construction and maintenance and improper and illegal use by the defendant, of a certain sewer in Bow Street in the defendant city. At the close of the evidence the judge ruled that the actions could not be maintained.

The sewer was being used for carrying away sewage and surface water. There is nothing to show that it was not originally intended for drainage of surface water. It was not contended that the sewer was out of repair. The only trouble seemed to be that by the…

2Cases cited2 opinions

  1. Manning v. City of SpringfieldMassachusetts Supreme Judicial Court · 1903
  2. Buckley v. City of New BedfordMassachusetts Supreme Judicial Court · 1891

3Cited by4 opinions

  1. Harvard Furniture Co. v. City of CambridgeMassachusetts Supreme Judicial Court · 1946
  2. Diamond v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1914
  3. Pevear v. City of LynnMassachusetts Supreme Judicial Court · 1924
  4. Lobster Pot of Lowell, Inc. v. City of LowellMassachusetts Supreme Judicial Court · 1955

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