Cushing v. Inhabitants of Bedford
Massachusetts Supreme Judicial Court
Tort. Writ dated July 1, 1875. The first count of the declaration was as follows: “ And the plaintiff says there is in the town of Bedford a public highway, leading from said town of Bedford to the town of Lexington, which said defendant is bound to keep in repair; that the same was negligently suffered by the defendant to be out of repair, whereby the plaintiff travelling thereon, and using due care, was hurt.
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Tort. Writ dated July 1, 1875. The first count of the declaration was as follows: “ And the plaintiff says there is in the town of Bedford a public highway, leading from said town of Bedford to the town of Lexington, which said defendant is bound to keep in repair; that the same was negligently suffered by the defendant to be out of repair, whereby the plaintiff travelling thereon, and using due care, was hurt. And the plaintiff says he was travelling on said highway in his buggy, with his wife, and was driving, in the exercise of due care, a quiet and safe horse; that at a certain place in…
1Opinion of the CourtColt, J.
By the St. of 1872, e. 84, the selectmen of towns are authorized to “ establish and maintain such public drinking troughs, wells and fountains within the public highways, squares and commons of their respective towns, as in their judgment the public necessity and convenience may require; ” and the towns are authorized to raise and appropriate money to pay the expense thereof. These provisions make the selectmen a board of public officers charged with this duty; they are not agents of the town, but they represent the general public. They were so considered under a similar statute, which gave…
2Cases cited4 opinions
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
- Bemis v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1874
3Cited by21 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
- Cooke v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
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