Rackliff v. Inhabitants of Greenbush
Supreme Judicial Court of Maine
On Report. The case appears in the opinion. This action cannot be maintained unless by virtue of c. 33, statute of 1887. Under this statute the town cannot be holden for two reasons. 1st. In that statute no action is given against the town. Mitchell v. JRockland, 52 Maine, 118. 2nd. No duty is by that statute put upon the town, but the duty, if any there be, is upon the municipal officers.
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On Report. The case appears in the opinion. This action cannot be maintained unless by virtue of c. 33, statute of 1887. Under this statute the town cannot be holden for two reasons. 1st. In that statute no action is given against the town. Mitchell v. JRockland, 52 Maine, 118. 2nd. No duty is by that statute put upon the town, but the duty, if any there be, is upon the municipal officers. The duty of paying, in the case of an unincorporated place is upon a town, but the duty of paying in the case of a city or town is upon the municipal officers. No other conclusion is admissible unless the…
1Opinion of the CourtFogler, J.
Chapter 33 of the Public Laws of 1887, § 1, provides that whenever any person who served in the army, navy or marine corps of the United States during the rebellion and was honorably discharged therefrom, shall die, being at the time of his death a resident of this state, and being in destitute circumstances, the state shall pay the necessary expenses of his burial, not exceeding thirty-five dollars, and the burial shall be in some cemetery not used exclusively for the burial of pauper dead. Section 2 of the same chapter provides that the municipal officers of cities and towns in which such…
2Cited by16 opinions
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- State v. KolicheSupreme Judicial Court of Maine · 1948
- Camp Walden v. JohnsonSupreme Judicial Court of Maine · 1960
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