Boston Turnpike Co. v. Town of Pomfret
Supreme Court of Connecticut
This was an action on an agreement, alleged to have been made by the defendants, in 1843, to assume the turnpike road of the plaintiffs, which passed through the town of Pomfret ; and alleging a breach, by the defendants, in not keeping said road in repair according to their contract, by reason of which an injury was sustained by a passenger.
Read the full summary
This was an action on an agreement, alleged to have been made by the defendants, in 1843, to assume the turnpike road of the plaintiffs, which passed through the town of Pomfret ; and alleging a breach, by the defendants, in not keeping said road in repair according to their contract, by reason of which an injury was sustained by a passenger. The cause was tried at Tolland, October term, 1849. On the trial, it appeared, that the accident causing the injury, happened on the 17th of January, 1844. The plaintiffs claimed, that the undertaking of the defendants covered this time ; in proof…
1Opinion of the CourtStorrs, J.
The first question presented on this motion, is, whether the entry of the vote of the town of Pomfret, as originally made, by the clerk of that town, and as evidenced by the copy produced by the plaintiffs, or the entry of it as amended by him, and as it now appears on the record book, is to be deemed the true record of the proceedings of the town; and this depends on the question, whether the clerk had the legal power to make that amendment. A majority of the court are of opinion, that beth on principle and authority, it was competent for him to rectify any error which he had made in…
2Cases cited2 opinions
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
- Bishop v. ConeSuperior Court of New Hampshire · 1826
3Cited by15 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- State ex rel. v. Malheur County CourtOregon Supreme Court · 1909
- State Ex Rel. William R. Compton Co. v. WalterSupreme Court of Missouri · 1929
- Smith v. MooreSupreme Court of Connecticut · 1871
- State v. SappingtonMissouri Court of Appeals · 1953
10 more not listed; retrieve them via the Exa API.