Worcester v. Essex Merrimac Bridge Corp.

Massachusetts Supreme Judicial Court
Worcester v. Essex Merrimac Bridge Corp., 73 Mass. 457 (Mass. 1856)
Bigelow

Worcester v. Essex Merrimac Bridge Corp.

Opinion of the Court

Bigelow, J.

The plaintiff was not liable to any penalty for violating the by-law established by the defendants, because they had neglected to give notice of it in the manner prescribed by Rev. Sts. c. 25, § 47. Nor was there any proof of actual notice to the plaintiff or his son of the existence of such by-law. He was not therefore bound by it. Angelí & Ames on Corp. § 359. It follows that proof that his son passed over a part of the bridge on a trot, contrary to the provisions of the by-law, did not of itself show that he was guilty of any negligence or wrong, which should affect the plaintiff’s rights to recover in this action. It is not a case where a party seeking a remedy against the corporation in damages, was, at the time of the accident, violating a law of which he was bound to take notice. Bosworth v. Swansey, 10 Met. 363. Such would have been the case if the plaintiff bad .violated a public statute or a by-law of which he had actual or constructive notice. Exceptions sustained.

Reference

Full Case Name
Ira Worcester v. Essex Merrimac Bridge Corporation
Status
Published