Wood v. Inhabitants of Waterville
Massachusetts Supreme Judicial Court
Case upon the statute of 1786, c. 81., in which the plaintiff demands of the defendants double damages for the loss of his horse through the defect of a bridge or causeway in the highway, in the town of Waterville; it being the same action, which came before the Court at the last May term in this county, and was then sent to a new trial, that further evidence might be laid before the jury (1).
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
The declaration in this case is founded on the seventh section of the statute of 1786, c. 81., made for repairing highways. The defendants object to the verdict, because the plaintiff was an inhabitant of Waterville, and a surveyor of the highways there; and as the defective bridge was in his district, he was bound to cause the defect to be repaired; and if he has suffered, it was through his own default. If this objection be well founded, we are satisfied that it ought to prevail.
Although the words of the seventh section are…
2Cited by5 opinions
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