Todd v. Inhabitants of Rowley
Massachusetts Supreme Judicial Court
Tort to recover for a personal injury sustained by reason of a defective way. At the trial in this court, before Dewey, J., it appeared that the injury was received on the 11th of June 1861; that the plaintiff was one of the highway surveyors of Rowley for that year, and his district included the place where the accident occurred; that he received his warrants on the 22d of May, which authorized him to expend $44.60 upon the roads assigned to him ; that he immediately…
Read the full summary
Tort to recover for a personal injury sustained by reason of a defective way. At the trial in this court, before Dewey, J., it appeared that the injury was received on the 11th of June 1861; that the plaintiff was one of the highway surveyors of Rowley for that year, and his district included the place where the accident occurred; that he received his warrants on the 22d of May, which authorized him to expend $44.60 upon the roads assigned to him ; that he immediately proceeded to work, and expended about fifty-six dollars in widening the graded part of a highway near his own house, and to…
1Opinion of the CourtBigelow, C. J.
We have carefully examined the rulings to which objection is now taken by the plaintiff’s counsel, and dc not find that they were in any respect insufficient or erroneous.
1. The first and most important question arises on the instructions given to the jury as to the duty of the plaintiff, in his capacity as highway surveyor of the district in which the accident happened, to make application to the selectmen of the town for permission to expend a further sum in repair of the roads within the limits assigned to him, in addition to that which he had laid out when he completed his work thereon…
2Cases cited2 opinions
- Wood v. Inhabitants of WatervilleMassachusetts Supreme Judicial Court · 1808
- Wood v. Inhabitants of WatervilleMassachusetts Supreme Judicial Court · 1809
3Cited by3 opinions
- Ingalls v. Roger Smith Hotels CorporationSupreme Court of Connecticut · 1955
- Finley v. SmithSupreme Court of Arkansas · 1966
- Garland v. SamsonCourt of Appeals for the Eighth Circuit · 1916