Chase v. Inhabitants of Surry
Supreme Judicial Court of Maine
On exceptions. This was an action of case for injury to a horse alleged to have been caused by a defective highway in the defendant town. The evidence disclosed that in March, 1894, at the annual town meeting, the defendant town elected several highway surveyors, assuming to elect them for the several districts in the town. The surveyor elected for district No. 4 did not qualify and refused to serve.
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On exceptions. This was an action of case for injury to a horse alleged to have been caused by a defective highway in the defendant town. The evidence disclosed that in March, 1894, at the annual town meeting, the defendant town elected several highway surveyors, assuming to elect them for the several districts in the town. The surveyor elected for district No. 4 did not qualify and refused to serve. Whereupon the selectmen verbally appointed one Reuben G. Osgood as highway surveyor for district No. 4. He was duly sworn as appears by the oath recorded in the town records, and acted as highway…
1Opinion of the Court
Foster J.
This was an action for an injury to the plaintiff’s horse alleged to have been caused by a defective highway in the defendant town.
The verdict was for the plaintiff and the town brings the case before the law court on two exceptions.
I. The first relates to the instruction given to the jury in relation to the twenty-four hours’ actual notice to a highway surveyor acting by appointment as an officer de facto, and notas an officer de jure.
Although this question has been elaborately discussed by the counsel on each side, it becomes unnecessary to consider it here, from the result to…
2Cases cited6 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Castner v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1883
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
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3Cited by6 opinions
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- Daniels v. City of RacineWisconsin Supreme Court · 1898
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- Hann v. MerrillSupreme Judicial Court of Maine · 1973
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