Delano v. Smith
Massachusetts Supreme Judicial Court
Tout against the members of the board of health of the city of Everett as individuals for damages to certain real estate of which the plaintiff was mortgagee, caused by its being used as a hospital for the treatment of persons sick with smallpox.
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Tout against the members of the board of health of the city of Everett as individuals for damages to certain real estate of which the plaintiff was mortgagee, caused by its being used as a hospital for the treatment of persons sick with smallpox. Writ dated January 3, 1905. The ease was tried before Hardy, J. Besides the facts stated in the opinion, it was agreed by the parties that in November, 1901, and for some time previous to that date, the plaintiff held a second mortgage on the real estate described in the opinion to secure a note of $2,500; that the front tenement in the building was…
1Opinion of the CourtRugg, J.
This is an action of tort in the nature of waste. The defendants constituted the board of health in the city of Everett. The plaintiff was the mortgagee of certain real estate in that city, the buildings upon which consisted of one house of three tenements and a store and a stable. On or about the twenty-first day of December, 1901, the defendants, acting as members of the board of health, leased of the mortgagor said premises “ to be used as a contagious hospital.” Occupation for that purpose began at once and continued until December 22, 1902, during which period forty-two persons sick with…
2Cases cited13 opinions
- United States v. BostwickSupreme Court of the United States · 1877
- Commonwealth v. PearMassachusetts Supreme Judicial Court · 1903
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
- Hutchins v. KingSupreme Court of the United States · 1864
- Dolliver v. St. Joseph Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1880
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3Cited by58 opinions
- Vigeant v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1927
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
- Gray v. Southern Facilities, Inc.Supreme Court of South Carolina · 1971
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
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