Booth v. Town of Orleans

The plaintiff in this action was injured on the evening of July 1, 1908, hy reason of an unguarded hole and other obstructions existing in a highway in the ■town of Orleans. This defect had been created by the action of one Burns, an overseer of highways in the town, on the afternoon of the same day; and the jury has found that his negligence was the cause of this injury.

The commissioner of highways of the town was one Daniels. He had not directly authorized the creation of the defect hy Burns. He was not present at any time during its creation or thereafter prior to the accident.- He had no…