Legal Opinion

Knight v. Inhabitants of Fort Fairfield

Supreme Judicial Court of Maine

Decided January 23, 1880PublishedCited by 7 opinions

Facts agreed. Assumpsit upon an account annexed for “boarding Joseph Willett (pauper) from January 1, 1875, to May 1, 1875, $48.00” and “interest tp date of writ $7.76.” — $55.76. The writ also contains the common money count for $60, with specification, or bill of particulars, that “this (money) count is founded wholly upon the matters alleged in the preceding count.”

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Facts agreed. Assumpsit upon an account annexed for “boarding Joseph Willett (pauper) from January 1, 1875, to May 1, 1875, $48.00” and “interest tp date of writ $7.76.” — $55.76. The writ also contains the common money count for $60, with specification, or bill of particulars, that “this (money) count is founded wholly upon the matters alleged in the preceding count.” Date of writ, January 13, 1878. “The following statement of facts is agreed upon, and said action is hereby referred to the decision and finding of the court. 1st. Said Willett was chargeable upon said town as a pauper when…

1Opinion of the CourtPeters, J.

The town of Fort Fairfield was under legal obligation to support the boy. He was at the house of the plaintiff. It was the duty of the agent to remove him. The plaintiff was under no obligation to do so. Nor had the plaintiff a right to succor the boy at the town’s expense, unless there was a necessity for it. Whether there was such necessity or not depended upon whether the boy was reasonably able, if turned from the plaintiff’s doors, to safely proceed to the residence of the agent. It was in an Aroostook January ; the boy was ten years old; the distance between houses was five and a half…

2Cases cited1 opinion

  1. Brettun v. FoxMassachusetts Supreme Judicial Court · 1868

3Cited by7 opinions

  1. Wade v. Warden of State PrisonSupreme Judicial Court of Maine · 1950
  2. State v. HathawaySupreme Judicial Court of Maine · 1965
  3. Ogden City v. Weber CountyUtah Supreme Court · 1903
  4. Eshelman v. County of ClintonAppellate Court of Illinois · 1900
  5. Ogden City v. Weber CountyUtah Supreme Court · 1903

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