McManus v. Inhabitants of Weston
Massachusetts Supreme Judicial Court
Two ACTIONS OF tort, for personal injuries occasioned to the plaintiffs on August 25, 1891, while driving along a county road in Weston called Central Avenue. Trial in the Superior Court, before Blodgett, J., who directed the jury to return a verdict for the defendant; and the plaintiffs alleged exceptions, in substance as follows.
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Two ACTIONS OF tort, for personal injuries occasioned to the plaintiffs on August 25, 1891, while driving along a county road in Weston called Central Avenue. Trial in the Superior Court, before Blodgett, J., who directed the jury to return a verdict for the defendant; and the plaintiffs alleged exceptions, in substance as follows. There was evidence tending to show that the accident was caused by the failure of persons in general charge of the work hereinafter described to give warning to the plaintiffs that a steam drill was in operation on the avenue, and also by the acts of persons…
1Opinion of the CourtMorton, J.
These two cases were tried together, and both depend on the same facts, and the principal question in each is whether the road commissioners acted as public officers, or as servants of the town. We think that they acted in the former capacity, and not in the latter.
*266The office of road commissioner is of recent origin. It was first established by St. 1871, c. 158. By the second section of that act, it was provided that “said road commissioners shall have and perform exclusively all the powers and duties now vested by law in selectmen and surveyors of highways, concerning the laying out,…
2Cases cited10 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Cragie v. MellenMassachusetts Supreme Judicial Court · 1809
- Hennessey v. City of New BedfordMassachusetts Supreme Judicial Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Malinoski v. D. S. McGrath, Inc.Massachusetts Supreme Judicial Court · 1933
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Trum v. Town of PaxtonMassachusetts Supreme Judicial Court · 1952
9 more not listed; retrieve them via the Exa API.