Bartlett v. Crozier
Court for the Trial of Impeachments and Correction of Errors
THIS was an action on the case, originally commenced in .he Court of Common Pleas of the county of Washington. v o The declaration set forth, “ for that whereas all overseers of highways are bound, by the laws of the land, to repair and keep in order the highways within the several districts for which they shall be elected overseers: and whereas the said M. B. on the oth ot April, 1814, at the annual town-meeting, held at the hotel, in the village of Salem, in the town of…
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THIS was an action on the case, originally commenced in .he Court of Common Pleas of the county of Washington. v o The declaration set forth, “ for that whereas all overseers of highways are bound, by the laws of the land, to repair and keep in order the highways within the several districts for which they shall be elected overseers: and whereas the said M. B. on the oth ot April, 1814, at the annual town-meeting, held at the hotel, in the village of Salem, in the town of (a) Salem, in the county of, &c., was duly elected an overseer of highways for the said town, for the district known and…
1Opinion of the Court
The Chancellor.
The objections, on the part of the plaintiff in error, to the judgment, may be included in the two following, viz.:
1. That no action will lie against an overseer of the highways, at the suit of any private individual, for not repairing a public bridge.
2. If such action can be sustained, in any case, yet that, in this' case, no cause of action is stated in the declaration, and it is bad after verdict.
Though the sum in controversy is small, yet the principle *351involved in the case is important, and may deeply affect every part of the community.
1. I have examined the act to regulate…
2Cited by41 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Town of Waltham v. KemperIllinois Supreme Court · 1870
- Heigel v. Wichita CountyTexas Supreme Court · 1892
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