Bigelow v. Inhabitants of Randolph
Massachusetts Supreme Judicial Court
Action op tort. The parties stated the following case “ The town of Randolph duly assumed the duties of the school districts by votes, and purchased a lot of land in that behalf, and erected a school house thereon for the use of the public schools of the town; and while it was in use, an excavation was made in the lot under the authority of the selectmen of the town, by digging into a bank to obtain gravel for the repair of the highways of the town, and to remove the steep…
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Action op tort. The parties stated the following case “ The town of Randolph duly assumed the duties of the school districts by votes, and purchased a lot of land in that behalf, and erected a school house thereon for the use of the public schools of the town; and while it was in use, an excavation was made in the lot under the authority of the selectmen of the town, by digging into a bank to obtain gravel for the repair of the highways of the town, and to remove the steep bank, and make a regular slope from the neighboring streets up to the school house. While the bank remained, and before…
1Opinion of the CourtMetcalf, J.
It was said by Chief Justice Parsons, half a century since, in Riddle v. Proprietors of Locks & Canals, 7 Mass. 187, and adjudged by the full court in Mower v. Inhabitants of Leicester, 9 Mass. 247, that a private action cannot be maintained against a town, or other quasi corporation, for a neglect of corporate duty, unless such action be given by statute. And so it has ever since been held by this and other courts. This rule of law, however, is of limited application. It is applied, in case of towns, only to the neglect or omission of a town to perform those duties which are imposed on all…
2Cases cited2 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Allas v. Borough of RumsonSupreme Court of New Jersey · 1935
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Owen v. City of IndependenceSupreme Court of the United States · 1980