Bowditch v. Boston - 101 U.S. 16 (1879)
U.S. Supreme Court
Bowditch v. Boston, 101 U.S. 16 (1879)
Bowditch v. Boston
101 U.S. 16
1. Under the statute of Massachusetts and the ordinance of Boston adopted pursuant thereto, that city is not responsible to the owner of buildings there situate which are destroyed in order to prevent the spreading of a fire, unless a joint order for their destruction be given by three or more engineers of the fire department, who are present, of whom the chief engineer, if present, must be one.
2. As it is only by force of the statute and ordinance that the city incurs a liability to such owner, he is not entitled to recover unless his case be within their terms, and the joint order be shown.
The facts are stated in the opinion of the Court.