Spring v. Inhabitants of Hyde Park
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the plaintiff was the owner of a dwelling-house in Hyde Park, partly occupied .by a tenant, and partly by the plaintiff and her family; that the small-pox broke out in the family of the tenant, and two persons were infected with the disease; that the condition of one of the persons was such as not to admit of her removal without danger to her health, but the other could have been removed without such danger; that the board of health of…
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Contract. The declaration alleged that the plaintiff was the owner of a dwelling-house in Hyde Park, partly occupied .by a tenant, and partly by the plaintiff and her family; that the small-pox broke out in the family of the tenant, and two persons were infected with the disease; that the condition of one of the persons was such as not to admit of her removal without danger to her health, but the other could have been removed without such danger; that the board of health of the defendant town, pursuant to the powers granted to it by the laws of the Commonwealth, acting for and in behalf of…
1Opinion of the CourtDevens, J.
The overseers of the poor of the cities and towns of the Commonwealth have always heen treated as public officers, performing the public duties with which they are charged upon their own responsibility. As they are engaged in performing the duty which the statute had imposed upon the towns of relieving poor persons falling into distress within their limits, they may therefore incur expenses or make contracts, within their lawful powers, for which the towns would be liable. Belfast v. Leominster, 1 Pick. 128. Oakham v. Sutton, 13 Met. 192. Ireland v. Newburyport, 8 Allen, 73. Smith v. Peabody,…
2Cases cited7 opinions
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
- City of Taunton v. TaylorMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. BearseMassachusetts Supreme Judicial Court · 1882
- Gordon v. City of TauntonMassachusetts Supreme Judicial Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- White v. City of San AntonioTexas Supreme Court · 1901
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
- United States Drainage & Irrigation Co. v. City of MedfordMassachusetts Supreme Judicial Court · 1917
- Town of Cohasset v. Town of ScituateMassachusetts Supreme Judicial Court · 1941
- Hersey v. ChapinMassachusetts Supreme Judicial Court · 1894
4 more not listed; retrieve them via the Exa API.