Perry v. Stowe
Massachusetts Supreme Judicial Court
Replevin of furniture by Benjamin G. Perry and eleven others, “ as they are the members of the Franklin Engine Company of Bradford.” Writ dated August 12, 1869. The case was referred to an auditor. Trial in the Superior Court, before Wilkinson, J., who made the following report of the case: “ In 1861, a fire department was duly established and organized in Bradford, and has so continued ever since.
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Replevin of furniture by Benjamin G. Perry and eleven others, “ as they are the members of the Franklin Engine Company of Bradford.” Writ dated August 12, 1869. The case was referred to an auditor. Trial in the Superior Court, before Wilkinson, J., who made the following report of the case: “ In 1861, a fire department was duly established and organized in Bradford, and has so continued ever since. Fire engineers were appointed by the selectmen and have thus been annually appointed since, who have duly appointed from time to time engine-men composing the company of which the plaintiffs were…
1Opinion of the CourtA .mes, J.
The Franklin Engine Company of Bradford was a part of the organized fire department of that town. The members were enginemen appointed by the engineers and paid by the *63town. Their duties and powers were such as the general laws attach to the office of enginemen, and no others. The fact that they were allowed to “ vote in members ” does not convert the company into a mere association of volunteers. No vote which they could pass upon this subject amounted to anything more than a nomination of the persons whom they wished the engineers to appoint. It was not binding upon the engineers, and the…
2Cited by3 opinions
- Bowers v. Selectmen of NeedhamMassachusetts Supreme Judicial Court · 1914
- Inhabitants of Brookline v. ShermanMassachusetts Supreme Judicial Court · 1885
- Bisbee v. FaddenMassachusetts Supreme Judicial Court · 1885