Getchell v. Inhabitants of Wells
Supreme Judicial Court of Maine
On Report. Assumpsit, on an account annexed, for the labor of the plaintiff, and for money paid by him to several persons employed by him in January and February, 1861, in removing the snow from the highways within the limits of a certain highway district in the defendant town, of which the plaintiff had been previously duly appointed highway surveyor by the selectmen of the defendant town.
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On Report. Assumpsit, on an account annexed, for the labor of the plaintiff, and for money paid by him to several persons employed by him in January and February, 1861, in removing the snow from the highways within the limits of a certain highway district in the defendant town, of which the plaintiff had been previously duly appointed highway surveyor by the selectmen of the defendant town. It was in proof that the plaintiff was officially appointed and qualified to fill a vacancy occasioned by the resignation of the former incumbent, who, before vacating the office, had expended all the…
1Opinion of the CourtBarrows, J.
If the plaintiff could make good his position that he, in his individual capacity, was employed by a majority of the selectmen, who are the prudential agents of the town, to keep a certain portion of the roads in the town free from obstruction by snow, (after the amount raised by the town for that object had been expended, and the power of the surveyor to employ laborers who might recover their pay from the town, had been exhausted,) and for that purpose to procure necessary help at his own expense, his claim for a reimbursement, upon proof that he had performed the service, might be…
2Cited by3 opinions
- Cohen v. KetchumSupreme Judicial Court of Maine · 1975
- Clark v. Town of CornwallSupreme Court of Connecticut · 1919
- Thorp v. KingAppellate Court of Illinois · 1891