Bowden v. Derby
Supreme Judicial Court of Maine
Exceptions by plaintiff. Sustained. Action on the case for personal injuries. At the return term, defendant filed a genea’al demurrer to the declaration. The presiding justice without argument, in order that the law of the case might be first settled, sustained the demurrer. To this ruling plaintiff alleged exceptions. The case is fully stated in the opinion. A street commissioner or superintendent of streets is a public officer.
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Exceptions by plaintiff. Sustained. Action on the case for personal injuries. At the return term, defendant filed a genea’al demurrer to the declaration. The presiding justice without argument, in order that the law of the case might be first settled, sustained the demurrer. To this ruling plaintiff alleged exceptions. The case is fully stated in the opinion. A street commissioner or superintendent of streets is a public officer. Such obligations as rest, to an extent, upon employers to their employees, do not apply to public officers in the discharge of public duties. Prince v. Lynn, 149…
1Opinion of the CourtPowers, J.
Exceptions to a pro forma ruling of the presiding justice sustaining a demurrer to the plaintiff’s declaration.
The declaration alleges “that on the sixth day of August A. D. 1900, the defendant was, and for a long time prior thereto had been, the duly elected and qualified street or road commissioner of the City of Rockland and received from said city for the performance of his duties as such a salary of eight hundred dollars per year; and having prior to said date, in performance of 1ns said duties as road commissioner determined that repairs were necessary upon a certain street in said…
2Cases cited3 opinions
- McKenna v. KimballMassachusetts Supreme Judicial Court · 1888
- Poor v. SearsMassachusetts Supreme Judicial Court · 1891
- Breen v. FieldMassachusetts Supreme Judicial Court · 1892
3Cited by16 opinions
- Melvin Carter v. John R. CarlsonCourt of Appeals for the D.C. Circuit · 1971
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- People ex rel. Gullett v. McCulloughIllinois Supreme Court · 1912
- Texas Prison Board v. CabeenCourt of Appeals of Texas · 1942
- Colby v. City of PortlandOregon Supreme Court · 1917
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