· 1/11/1983
Stop & Shop Companies, Inc. v. Fisher
Citations
- 444 N.E.2d 368
- 387 Mass. 889
- 1986 A.M.C. 2920
- 1983 Mass. LEXIS 1206
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing limited exception for special economic losses caused by public nuisance
- concluding loss of access to public way maybe public nuisance
- “category of ‘matters outside the pleading’ is broad, but even when construed broadly, such matters must provide some relevant factual information to the court”
- no recovery for loss of business revenue caused by defendant’s negligent collision with bridge causing obstruction of access to plaintiff’s business
- individual plaintiff who suffered no damage to property may recover solely economic damages in public nuisance claim for obstruction of public way by demonstrating “special pecuniary harm,” not common to the general public
- “The category of ‘matters outside the pleading’ is broad, but even when construed broadly, such matters must provide some relevant, factual information to the court”
Source: CourtListener parenthetical corpus (CC0).
Judges: Abrams, Hennessey, Lynch, Nolan, Wilkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.