Legal Opinion
Hoosac Tunnel & Wilmington Railroad v. New England Power Co.
Massachusetts Supreme Judicial Court
Decided June 22, 1942PublishedCited by 15 opinions
1Opinion of the CourtQua, J.
The declaration alleges that on September 21, 1938, the plaintiff’s roadbed at Monroe was washed away and its track was destroyed by reason of negligence of the defendant (first count) “in the operation, maintenance and control of the gates,” or (second count) “in the operation and control of the appurtenances” of its dam and power plant on Deerfield River. It is contended, and there was evidence to show, that the plaintiff’s track was undermined and caused to fall by the outflow from two sluice gates, each approximately eight feet square, placed at the base of the dam on the westerly side of…
2Cases cited11 opinions
- Gordon v. BedardMassachusetts Supreme Judicial Court · 1929
- Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Minihan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Gray v. HarrisMassachusetts Supreme Judicial Court · 1871
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Meunier's CaseMassachusetts Supreme Judicial Court · 1946
- The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Woogmaster v. Liverpool & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1942
- Cooperstein v. BogasMassachusetts Supreme Judicial Court · 1944
10 more not listed; retrieve them via the Exa API.