Frazer v. Bigelow Carpet Co.
Massachusetts Supreme Judicial Court
Tort against the Bigelow Carpet Company and the Worcester and Nashua Railroad Company, for the destruction of the plaintiff’s buildings, dam, water privilege, and personal property, by the negligent acts of the defendants in causing an undue accumulation of water in a pond, and an unsafe pressure on the retaining dam thereof.
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Tort against the Bigelow Carpet Company and the Worcester and Nashua Railroad Company, for the destruction of the plaintiff’s buildings, dam, water privilege, and personal property, by the negligent acts of the defendants in causing an undue accumulation of water in a pond, and an unsafe pressure on the retaining dam thereof. Writ dated September 12,1881. The case was referred to an auditor, whose report stated that the plaintiff’s loss resulted from the same torts alleged in Bryant v. Bigelow Carpet Co. 131 Mass. 491; that the defendants’ liability for the loss was admitted; and that the…
1Opinion of the CourtHolmes, J.
This is an action for the negligent destruction of property by the same disaster which was discussed in Bryant v. Bigelow Carpet Co. 131 Mass. 491. The defendants’ liability is admitted, and the only question is whether the tribunal assessing the damages had power, in its discretion, to add interest to the sum which it found to represent the plaintiff’s loss on the day it took place.
Interest was allowed, without discussion, in Bryant v. Bigelow Carpet Co. ubi supra. It is allowed as of right in traver and other like actions; and although it is suggested that, in such cases, the defendant may…
2Cases cited9 opinions
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Parrott v. . Knickerbocker and N.Y. Ice Cos.New York Court of Appeals · 1871
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- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
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