Newcomb v. Boston Protective Department
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, a cab driver, by a collision between the cab and a wagon of the defendant corporation, through the alleged negligence of the driver of the wagon, a servant of the defendant.
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Tort for personal injuries occasioned to the plaintiff, a cab driver, by a collision between the cab and a wagon of the defendant corporation, through the alleged negligence of the driver of the wagon, a servant of the defendant. After the former decision, reported 146 Mass. 596, the case was tried in the Superior Court, before Sherman, J., who refused to rule that the defendant was a public charitable corporation, and was not liable for the negligence of its servants; and, after a verdict for the plaintiff, reported the case for the determination of this court. If the refusal so to rule was…
1Opinion of the CourtKnowlton, J.
It is contended that the defendant is a public charitable corporation, and so is not liable for the negligence of its servants. It therefore becomes necessary to consider the act which incorporated it, and the business in which it is engaged.
The St. of 1874, c. 61, created the defendant corporation, in which membership was limited to officers for the time being of incorporated fire insurance companies or associations, and agents doing the business of fire insurance in the city of Boston. It *216gave the corporation the power to provide and maintain a corps of men and suitable apparatus for the…
2Cases cited2 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Coe v. Washington MillsMassachusetts Supreme Judicial Court · 1889
3Cited by21 opinions
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Assessors of Boston v. Garland School of Home MakingMassachusetts Supreme Judicial Court · 1937
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
- Boston Chamber of Commerce v. Assessors of BostonMassachusetts Supreme Judicial Court · 1944
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
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