153 Mass. 426 | Mass. | 1891
The city contends that, even assuming that Kenney was its servant in such a sense that ordinarily it might be responsible for his acts or his negligence, it is nevertheless exempt from responsibility to the plaintiff in the present case by reason of the nature of the work which it was carrying on, namely, the construction of a schoolhouse for public use.
The principle on which this exemption from responsibility rests is, that, in the various instances referred to, the building was erected or the grounds were prepared solely for the public use, and with a sole view to the general benefit, and under the requirement or authority of general laws. In such cases, in the absence of any statute which directly, or by implication, gives a private remedy, no action lies in favor of a person who has received an injury in consequence of a negligent or defective performance of the public service.
The cases heretofore cited relate to injuries received after the completion of the work. It makes no difference, however, if the injury is caused by a negligent act done in the direct performance of the service. Hafford v. New Bedford, 16 Gray, 297. Fisher v. Boston, 104 Mass. 87. Tindley v. Salem, 137 Mass. 171. Lincoln v. Boston, 148 Mass. 578.
The plaintiff seeks to establish a distinction on the ground that her injury was received outside of the limits of the public
In the present case, the service in which the city was engaged was purely for the benefit of the public, and we think the case falls within the general rule which exonerates it from responsibility for the consequences of its servant’s negligence. The servant himself may be responsible ; the city is exempt. See also Neff v. Wellesley, 148 Mass. 487; Curran v. Boston, 151 Mass. 505; Bates v. Westborough, 151 Mass. 174.
JExceptións sustained.