Murphy v. City of Lowell

Massachusetts Supreme Judicial Court

Murphy v. City of Lowell

124 Mass. 564, 1878 Mass. LEXIS 377

CourtMassachusetts Supreme Judicial Court

DecidedJune 28, 1878

StatusPublished

Cited by22 cases

This text of 124 Mass. 564 (Murphy v. City of Lowell) 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

Murphy v. City of Lowell, 124 Mass. 564, 1878 Mass. LEXIS 377 (Mass. 1878).

Pincite

Opinion

Gray, G. J.

By the present charter of the city of Lowell, it is provided that “ the board of aldermen shall have the power, whenever they shall adjudge it to be necessary for the public convenience or the public health, to cause main drains or common sewers to be laid through any street or private lands, and may repair the same whenever necessary, and shall pay the owners of such lands such damages as they may sustain by the laying or repairing of said main drains or common sewers ; and all such main drains or common sewers shall be the property of the city; ” and that all the existing ordinances of the city shall continue in force until repealed by the city council. St. 1875, c. 173, §§ 27, 36.

Those ordinances provide that “ the superintendent of streets, under the direction of the board of aldermen, shall superintend the building of all common sewers and drains that may be built under the authority of said board, and shall, under the direction of the committee on sewers, make all contracts for labor and materials therefor, shall report to the auditor of accounts the names of all persons liable to be assessed for the expense of constructing or repairing sewers or drains, and shall keep a record of all his proceedings; ” and that a portion, not exceeding one half, of the expense of constructing any main drain or common sewer “shall be assessed by the board of aldermen upon every person who enters his particular drain into such main drain or common sewer, or who by more remote means receives benefit thereby for draining his cellar or land.” Ordinances^ of Lowell, fed. 1876,) 68, lloT

[567]*567The powers thus conferred by the charter and ordinances upon the board of aldermen of Lowell accord with the general laws of the Commonwealth. St. 1869, o. 111. Gen. Sts. c. 48, § 4. The case is governed by the decisions of this court, by which it is settled that in the ministerial duty of constructing sewers, which become the property of the city, and the expense of constructing which may be assessed upon the lands immediately benefited, the board of aldermen act as agents of the city, and the city is liable for any neglect in the course of construction by which an injury is caused to person or property. Child v. Boston, 4 Allen, 41. Emery v. Lowell, 104 Mass. 13. Hill v. Boston, 122 Mass. 344, 358, 359, 365, 374, 375.

Verdicts set aside.

Free access — add to your briefcase to read the full text and ask questions with AI

Gray, G. J.

By the present charter of the city of Lowell, it is provided that “ the board of aldermen shall have the power, whenever they shall adjudge it to be necessary for the public convenience or the public health, to cause main drains or common sewers to be laid through any street or private lands, and may repair the same whenever necessary, and shall pay the owners of such lands such damages as they may sustain by the laying or repairing of said main drains or common sewers ; and all such main drains or common sewers shall be the property of the city; ” and that all the existing ordinances of the city shall continue in force until repealed by the city council. St. 1875, c. 173, §§ 27, 36.

Those ordinances provide that “ the superintendent of streets, under the direction of the board of aldermen, shall superintend the building of all common sewers and drains that may be built under the authority of said board, and shall, under the direction of the committee on sewers, make all contracts for labor and materials therefor, shall report to the auditor of accounts the names of all persons liable to be assessed for the expense of constructing or repairing sewers or drains, and shall keep a record of all his proceedings; ” and that a portion, not exceeding one half, of the expense of constructing any main drain or common sewer “shall be assessed by the board of aldermen upon every person who enters his particular drain into such main drain or common sewer, or who by more remote means receives benefit thereby for draining his cellar or land.” Ordinances^ of Lowell, fed. 1876,) 68, lloT

[567]*567The powers thus conferred by the charter and ordinances upon the board of aldermen of Lowell accord with the general laws of the Commonwealth. St. 1869, o. 111. Gen. Sts. c. 48, § 4. The case is governed by the decisions of this court, by which it is settled that in the ministerial duty of constructing sewers, which become the property of the city, and the expense of constructing which may be assessed upon the lands immediately benefited, the board of aldermen act as agents of the city, and the city is liable for any neglect in the course of construction by which an injury is caused to person or property. Child v. Boston, 4 Allen, 41. Emery v. Lowell, 104 Mass. 13. Hill v. Boston, 122 Mass. 344, 358, 359, 365, 374, 375.

Verdicts set aside.

Cite This Page — Counsel Stack

Bluebook (online)

124 Mass. 564, 1878 Mass. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-city-of-lowell-mass-1878.

Opinion

Related

Cite This Page — Counsel Stack