Legal Opinion

McCormick v. City of Boston

Massachusetts Supreme Judicial Court

Decided September 8, 1876PublishedCited by 6 opinions

Contract for labor done in making repairs upon a highway. Trial in the Superior Court, before Wilkinson, J., who ordered a verdict for the defendant; and the plaintiff alleged exceptions, the substance of which appears in the opinion.

1Opinion of the CourtColt, J.

The work for which the plaintiff claims pay was done in making ordinary repairs reasonably required upon Centre Street, in that part of the city of Boston formerly West Roxbury, which was annexed under the St. of 1873, c. 314. The only question is whether there was evidence to justify the jury in finding that the work of repairing the road was done by the plaintiff under a contract of employment made with agents of the town, by which West Roxbury, before its annexation, became responsible to him for it. If so, then the plaintiff is entitled to recover, and his right is not affected by the…

2Cases cited1 opinion

  1. Bay State Brick Co. v. FosterMassachusetts Supreme Judicial Court · 1874

3Cited by6 opinions

  1. Board of Commissioners v. TaylorIndiana Supreme Court · 1890
  2. Douglas v. City of LowellMassachusetts Supreme Judicial Court · 1907
  3. Blanchard v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1889
  4. May v. City of GloucesterMassachusetts Supreme Judicial Court · 1899
  5. Liggett v. Board of County CommissionersColorado Court of Appeals · 1895

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