Legal Opinion

Fuller v. Inhabitants of Groton

Massachusetts Supreme Judicial Court

Decided October 15, 1858PublishedCited by 1 opinion

Petition in equity to restrain the respondents from paying and indemnifying the school committee of Groton for the expenses incurred in defending a suit brought against them for an alleged libel contained in one of their official reports. The facts appear in the opinion.

1Opinion of the CourtThomas, J.

That towns have power to raise money to indemnify their officers against liabilities incurred or damages sustained in the bona fide discharge of their duties is now well settled. Nelson v. Milford, 7 Pick. 18. Bancroft v. Lynnfield, 18 Pick. 568. Hadsell v. Hancock, 3 Gray, 527. The question before the court is, whether the appropriation by the respondents to indemnify the members of the school committee is, under the facts agreed, within the rule.

Some things are plain. It is the power and duty of towns to raise money for the support of schools, and to choose a committee to superintend them.…

2Cited by1 opinion

  1. National Life Insurance v. City of OmahaNebraska Supreme Court · 1905

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