Legal Opinion

Jones v. Collins

Massachusetts Supreme Judicial Court

Decided May 16, 1905PublishedCited by 17 opinions

Two actions oe tort by the same plaintiff, the first against Michael J. Collins and Benjamin A. Ham, contractors, doing business under the partnership name of Collins and Ham, and the second against the city of Boston, for injuries incurred on September 19, 1896, by falling over an iron pipe or water shutoff protruding through the portion of Columbus Avenue then being wrought for a sidewalk, that avenue having been laid out over Seaver Street in that part of Boston which…

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Two actions oe tort by the same plaintiff, the first against Michael J. Collins and Benjamin A. Ham, contractors, doing business under the partnership name of Collins and Ham, and the second against the city of Boston, for injuries incurred on September 19, 1896, by falling over an iron pipe or water shutoff protruding through the portion of Columbus Avenue then being wrought for a sidewalk, that avenue having been laid out over Seaver Street in that part of Boston which formerly was West Roxbury. Writs dated November 14, 1896. In the Superior Court the case against the contractors first was…

1Opinion of the CourtLoring, J.

The learned counsel for the plaintiff has contended that the case which was proved in the second trial at which the exceptions now before us were taken is not within the rule laid down when the first of these two cases was here before, (Jones v. Collins, 177 Mass. 444,) and also laid down in Bliss v. Deerfield, 13 Pick. 102, and Compton v. Revere, 179 Mass. 413. He contends that the cases now before us come within the rule laid down in White v. Boston, 122 Mass. 491; Butman v. Newton, 179 Mass. 1; Leonard v. Boston, 183 Mass. 68; Sampson v. Boston, 184 Mass. 46; Hyde v. Boston, 186 Mass. 115.

T…

2Cases cited11 opinions

  1. Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
  2. Compton v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1901
  3. Jones v. CollinsMassachusetts Supreme Judicial Court · 1901
  4. Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868
  5. Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904

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3Cited by17 opinions

  1. Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
  2. Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
  3. Mulvaney v. City of WorcesterMassachusetts Supreme Judicial Court · 1935
  4. Regan v. John J. Amara & Sons Co.Massachusetts Supreme Judicial Court · 1965
  5. Chapman v. City of BostonMassachusetts Supreme Judicial Court · 1925

12 more not listed; retrieve them via the Exa API.

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