City of Lowell v. Short

Massachusetts Supreme Judicial Court

City of Lowell v. Short

58 Mass. 275

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1849

StatusPublished

This text of 58 Mass. 275 (City of Lowell v. Short) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Lowell v. Short, 58 Mass. 275 (Mass. 1849).

Pincite

Opinion

By the court.

This case appears to us not to be distinguishable from the case of Lowell v. Boston & Lowell Railroad Corp. 23 Pick. 24. The defendant created the nuisance, and thereby exposed the plaintiff. The parties were not in pari delicto; they were not respectively chargeable in the same default. The claim of the plaintiffs, if they recover, must be limited to single damages only, according to the rule in the case cited. Exceptions sustained

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By the court.

This case appears to us not to be distinguishable from the case of Lowell v. Boston & Lowell Railroad Corp. 23 Pick. 24. The defendant created the nuisance, and thereby exposed the plaintiff. The parties were not in pari delicto; they were not respectively chargeable in the same default. The claim of the plaintiffs, if they recover, must be limited to single damages only, according to the rule in the case cited. Exceptions sustained

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Bluebook (online)

58 Mass. 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-lowell-v-short-mass-1849.