Deane v. Inhabitants of Randolph
Massachusetts Supreme Judicial Court
Tort for injuries occasioned to the plaintiff’s premises in Randolph, by the negligence of the defendant’s servants in removing a ledge of rocks in the construction and alteration of a highway.
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Tort for injuries occasioned to the plaintiff’s premises in Randolph, by the negligence of the defendant’s servants in removing a ledge of rocks in the construction and alteration of a highway. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence that the defendant town, at a meeting called for that purpose, voted “ that the sum of four thousand dollars be raised and appropriated for the widening and building of South and Mill Streets, as ordered by the county commissioners, under the direction of the selectmen; ”…
1Opinion of the CourtLord, J.
Municipal corporations have some duties which they are by law required to perform. One of such duties to be performed by a town is the construction of such way within its limits as shall be laid out by the county commissioners. This duty any town may perform by the employment of agents to execute the work. That is exactly what the town of Randolph did in this case. That town built the road, and Pike was simply its agent. The fact that a corporation must act by means of personal agencies does not substitute the agent for the corporation.
No question arises in this case as to whether a town may…
2Cases cited4 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Murphy v. City of LowellMassachusetts Supreme Judicial Court · 1878
3Cited by28 opinions
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
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