White v. Inhabitants of Phillipston
Massachusetts Supreme Judicial Court
This was an action on the Rev. Sts. c. 25, <§> 22, to recover damages which the plaintiff alleged that he had sustained by reason of a defect in a highway in the town of Phillipston, in consequence of the snow with which it was incumbered not having been seasonably removed or trodden down, so as to make the way safe and convenient. At the trial before Wilde, J. the plaintiff introduced evidence tending to show the existence of the alleged defect.
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This was an action on the Rev. Sts. c. 25, <§> 22, to recover damages which the plaintiff alleged that he had sustained by reason of a defect in a highway in the town of Phillipston, in consequence of the snow with which it was incumbered not having been seasonably removed or trodden down, so as to make the way safe and convenient. At the trial before Wilde, J. the plaintiff introduced evidence tending to show the existence of the alleged defect. The defendants then introduced the testimony of several witnesses, for the purpose of showing that soon after the storm in which the snow fell,…
1Opinion of the CourtHubbard, J.
It was settled many years ago, that no action would lie at common law against a town, for an injury sustained by reason of a defect in a highway, and that the remedy was given only by statute. Mower v. Leicester, 9 Mass. 247. And it has never been held that an action would lie, by the party injured, against the surveyor of the highway himself, for his alleged neglect of duty, or that such surveyor is answérable, except in the manner provided for in the statutes.
A surveyor is not the mere servant or agent of the town, but *111an officer created by statute, and chosen by the town, with other town…
2Cases cited2 opinions
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Wood v. Inhabitants of WatervilleMassachusetts Supreme Judicial Court · 1809