Gerard Couture v. Selectmen of Berkshire

This is a dispute between the road commissioner and the selectmen of the town of Berkshire. The commissioner seeks to require the selectmen to deliver up to him for use on town roads the Austin Western power grader and the diesel Cletrac tractor with plow owned by the town. The selectmen have kept this equipment locked away from the commissioner on the grounds that he does not meet their standards as a competent operator of the machinery and further that he is not entitled, by virtue of his position, to exclusive control of the town’s road equipment. Findings based on an agreed statement of…