Loker v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Each of these actions was indebitatus assumpsit on an account annexed to the writ, for work and labor in removing and treading down the snow in the highways in Brookline ; and in each the defendants pleaded the general issue.
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Each of these actions was indebitatus assumpsit on an account annexed to the writ, for work and labor in removing and treading down the snow in the highways in Brookline ; and in each the defendants pleaded the general issue. Both actions were tried in the Court of Common Pleas before Williams J. In the action of Loker it was in evidence, that he was a surveyor of highways for the first south district in the town of Brookline, for the year 1830. In the course of that year he expended, in repairing the highways in his district, the whole sum committed to him for that purpose by the assessors…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. This J case involves some principles, relative to the duties and liabilities of towns, of general practical importance. The subject has therefore been examined and considered with more than usual care.
Towns, like other corporations, public and private, derive their existence from the exercise of the creative power of the legislature. Their powers and obligations are created and defined by the same authority. The duty of maintaining and keeping in repair all highways within their respective territories, is imposed upon towns by statute. It is only…
2Cases cited2 opinions
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Wood v. Inhabitants of WatervilleMassachusetts Supreme Judicial Court · 1809