Curran v. Inhabitants on Holliston
Massachusetts Supreme Judicial Court
Contract upon an account annexed for work and labor. Answer, a general denial. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court in substance as follows: In March 1878, Cornelius J. Driscoll and two other persons were legally elected selectmen and surveyors of highways of the defendant town, and all three served in both capacities for one year.
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Contract upon an account annexed for work and labor. Answer, a general denial. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court in substance as follows: In March 1878, Cornelius J. Driscoll and two other persons were legally elected selectmen and surveyors of highways of the defendant town, and all three served in both capacities for one year. On April 20, 1878, Driscoll, as such highway surveyor, employed the plaintiff to work on the highways in Holliston; and the plaintiff worked on the highways all of that day and a…
1Opinion of the CourtEndicott, J.
It is the duty of towns to repair their highways, and they have the right to raise money for that purpose, and to pay those who have performed labor thereon. In this case, the plaintiff had worked on the highways in Holliston; and the town could properly vote to pay him for the labor of which it had received the benefit. It is true the labor was done under the -direction of one of the selectmen, who was also surveyor of highways, and not under the direction of the board of selectmen, as required by the St. of 1877, c. 58. But that statute merely places the surveyors of highways under the…
2Cases cited2 opinions
- Friend v. GilbertMassachusetts Supreme Judicial Court · 1871
- Hall v. Inhabitants of HoldenMassachusetts Supreme Judicial Court · 1874
3Cited by3 opinions
- Tuckerman v. MoynihanMassachusetts Supreme Judicial Court · 1933
- Flood v. LeahyMassachusetts Supreme Judicial Court · 1903
- Blanchard v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1889