Clark v. Inhabitants of Russell
Massachusetts Supreme Judicial Court
Contract for keeping the highways and bridges of the defendant town in repair, in 1870. At the trial in the Superior Court, before Allen, J., there was evidence tending to show the following facts: At the annual town meeting of said town on March 14, 1870, Newman Bishop, a responsible person, offered to keep said highways and bridges in repair for one year for $1000; the town, by vote, accepted the offer, and, at the same meeting, voted “ to raise, for repairs of highways…
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Contract for keeping the highways and bridges of the defendant town in repair, in 1870. At the trial in the Superior Court, before Allen, J., there was evidence tending to show the following facts: At the annual town meeting of said town on March 14, 1870, Newman Bishop, a responsible person, offered to keep said highways and bridges in repair for one year for $1000; the town, by vote, accepted the offer, and, at the same meeting, voted “ to raise, for repairs of highways and bridges, $1000;” and on April 2, 1870, took a bond from Bishop conditioned for the performance ■of his agreement. On…
1Opinion of the CourtColt, J.
The obligation of towns to repair highways is created, and the mode of fulfilling it provided for, by statute. The duty may be performed by surveyors regularly chosen, or by work done under contracts with the surveyors, or with others, provided the surveyors or other agents are first duly authorized by the town to make such contracts. Gen. Sts. c. 44, §§ 11, 13.
The plaintiffs worked in repairing highways under a contract with the selectmen of Russell, by which they were to be paid a fixed sum for keeping one half the' highways and bridges of that town in repair for the current year. No…
2Cases cited1 opinion
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Boston Electric Co. v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Selectmen of Milton v. Justice of the District CourtMassachusetts Supreme Judicial Court · 1934
- Tuckerman v. MoynihanMassachusetts Supreme Judicial Court · 1933
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1905
- Meader v. Inhabitants of West NewburyMassachusetts Supreme Judicial Court · 1926
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