Young v. City of Worcester
Decision Date | 16 October 1925 |
Citation | 149 N.E. 204,253 Mass. 481 |
Parties | YOUNG v. CITY OF WORCESTER. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Worcester County; Burns, Judge.
Action of tort by Albert Edward Young, administrator, against the City of Worcester to recover for death of plaintiff's decedent, alleged to have been caused by a defective elevator in Worcester City Hospital. From an order of the Superior Court Sustaining demurrer to the declaration, plaintiff appeals. Affirmed.
E. A. Ryan, of Worcester, for appellant.
W. C. Mellish, of Worcester, for appellee.
The case is before this court on an appeal from an order of the superior court sustaining the demurrer of the defendant to the declaration which follows:
‘Both counts for $5,000.’
The demurrer in nine assignments of reasons sets forth that the matters in counts one and two of the declaration do not constitute a cause of action. The plaintiff very properly concedes ‘he has no right to recover in damages for the death of his intestate caused by the negligence of the municipality's agents or servants.’
The maintenance of the Worcester City Hospital by the defendant, while permissive, is a matter of public service conducted exclusively and purely for the general and common good. In some cases the statutes enjoin such service upon cities and towns, and in others permit it. When such service has been entered upon, there is no good reason why a liability to private action should be imposed when a town or city voluntarily enters upon such a beneficial work, and withheld when it performs the service under the...
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