Dutton v. Amesbury National Bank
Massachusetts Supreme Judicial Court
Tort- for injury to goods of the plaintiff by a flow of water alleged to have been caused by the negligence of the defendant’s servants in leaving a pile of earth in a common passageway, thus turning surface water into a window of the plaintiff’s shop. Writ dated April 26, 1900. The case was heard in the Superior Court by Maynard, J., upon an auditor’s report agreed by the parties to be true.
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Tort- for injury to goods of the plaintiff by a flow of water alleged to have been caused by the negligence of the defendant’s servants in leaving a pile of earth in a common passageway, thus turning surface water into a window of the plaintiff’s shop. Writ dated April 26, 1900. The case was heard in the Superior Court by Maynard, J., upon an auditor’s report agreed by the parties to be true. The rulings requested by the defendant and refused by the judge are stated by the court. The judge found for the plaintiff in the sum of $123.75; and the defendant alleged exceptions. The case was…
1Opinion of the CourtLathrop, J.
This is an action of tort for injuries sustained by the plaintiff in consequence of the negligence of persons alleged to be the servants of the defendant. In the Superior Court the case was sent to an auditor, who found certain facts, and further found for the plaintiff in the sum of $123.75. The case was then heard by a judge of the Superior Court upon the report of the auditor, whose findings were agreed to be true, and a finding was made for the plaintiff in the same amount. The case comes before us on the defendant’s exceptions to the refusal of the judge to give two rulings requested.…
2Cases cited17 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Linnehan v. RollinsMassachusetts Supreme Judicial Court · 1884
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
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3Cited by16 opinions
- McDermott's CaseMassachusetts Supreme Judicial Court · 1933
- Kelley's Dependents v. Hoosac Lumber Co.Supreme Court of Vermont · 1921
- Chisholm's CaseMassachusetts Supreme Judicial Court · 1921
- Boucher v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
- Dobson's CaseSupreme Judicial Court of Maine · 1925
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