City of Boston v. Crowley

Citations

• 38 F. 202
• 1889 U.S. App. LEXIS 2065

Syllabus

<p>1. Bridges — Liability for Defects.</p> <p>The city of Boston purchased the franchise and materials of a bridge at the entrance to its harbor, being empowered so to do by Acts Mass. 1831, c. 71, which provided that the city should always be “liable to keep said bridge and drawin good repair, ” and afford all necessary accommodations to vessels that have occasion to pass the same. By Acts Mass. 1876, c. 105, the city was authorized to do such acts as it might deem necessary to secure a bridge and draw which should be safe for the purposes of navigation, subject, however, to the provisions of other acts by which the approval of the board of harbor commissioners was required in all work authorized by the legislature of building any bridge, wharf, or draw over tide-waters. The said commissioners granted a license to the city providing for the widening of the said bridge, and the construction of a new draw, which was to be of a certain width. Reid, that the city was liable for damages done to a vessel by being caught in the draw, the city having failed to maintain the draw of the required width.</p> <p>2. Municipal Corporations — Crvm Liability for Tort.</p> <p>In such case a civil action may be brought against the city in the federal courts for the damage done, though no such right of action is conferred by statute.</p> <p>3. Admiralty — Jurisdiction.</p> <p>A court'of admiralty has jurisdiction over damage done to a vessel on navigable water by a bridge.</p>