Breuck v. City of Holyoke
Massachusetts Supreme Judicial Court
Tort, for injury occasioned to the plaintiff’s property by the alleged negligence of the defendant city in the repair and construction of a sewer. Trial in the Superior Court, before Maynard, J., who directed the jury to return a verdict for the defendant; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The writ is dated August 8, 1895, and the trial was in March, 1896.
*259The declaration had three counts. The first alleged that the defendant negligently failed to keep a sewer in repair whereby the plaintiff, who was in the exercise of due care, suffered injury to his property; the second, that the sewer was negligently suffered by the defendant to be out of repair, whereby the plaintiff’s real estate was damaged, he being in the exercise of due care; and the third, that the defendant ought to have built the sewer upon such a plan and in such a manner as were suitable to carry off the sewage,…
2Cases cited3 opinions
- Ranlett v. City of LowellMassachusetts Supreme Judicial Court · 1879
- Sheridan v. City of SalemMassachusetts Supreme Judicial Court · 1889
- Livingstone v. City of TauntonMassachusetts Supreme Judicial Court · 1892
3Cited by4 opinions
- O'MALLEY v. Commissioner of Public Works of BostonMassachusetts Supreme Judicial Court · 1960
- Sheehan v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Sheriff v. City of OskaloosaSupreme Court of Iowa · 1903
- Van Trump v. Kansas CityMissouri Court of Appeals · 1915