Clark v. Inhabitants of Easton
Massachusetts Supreme Judicial Court
Tort for trespass in repairing a town way in the defendant town. Trial in the Superior Court, before Barker, J., who ruled that on the facts the action could not be maintained, and directed a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
This is an action of tort for a trespass upon the plaintiff’s land. The trespass consisted in entering upon the' land and depositing thereon stone, earth, and rubbish, thereby obstructing a watercourse. The acts of trespass were committed by three persons acting as road commissioners in repairing a town way.
It is too well settled to need extended discussion, that officers like surveyors of highways and road commissioners, although they are elected and paid by the town, are public officers, and not agents or servants of the town, and that the town is not *44responsible for tbeir acts in the…
2Cases cited6 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Petersilea v. StoneMassachusetts Supreme Judicial Court · 1876
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Cushing v. Inhabitants of BedfordMassachusetts Supreme Judicial Court · 1878
- McCarthy v. City of BostonMassachusetts Supreme Judicial Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Walcott v. WellsNevada Supreme Court · 1890
- State Ex Rel. Stage v. MacKieSupreme Court of Connecticut · 1909
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
15 more not listed; retrieve them via the Exa API.