Campbell v. Inhabitants of Somerville
Massachusetts Supreme Judicial Court
Contract to recover $3031.23 and interest, money alleged to be due under a written contract for excavating trenches in the streets of Somerville for the laying of water-pipes.
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Contract to recover $3031.23 and interest, money alleged to be due under a written contract for excavating trenches in the streets of Somerville for the laying of water-pipes. The material parts of the contract were as follows: “The said party of the first part [the plaintiff] shall at his own expense guard and light the trenches by night for the protection of travellers and their property, and all ordinances of the town of Somerville, relative to the safety and convenience of the inhabitants, shall be strictly complied with ; and the said party of the first part shall be liable and…
1Opinion of the CourtColt, J.
The plaintiff sues to recover for work done under a contract with the town. The defendant claims the right to recoup the amount paid by the town on a judgment in favor of Mrs. Brooks, for damages for an injury occasioned by a defect in the highway. The work sued for was done under a written contract by which the plaintiff agreed to make the excavations required for the laying of water-pipes in that town. It was provided by the contract that the plaintiff should at his own expense guard and light the trenches by night for the protection of travellers and their property, and should be liable…
2Cases cited2 opinions
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Boston & Maine Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1920
- City of Lowell v. GliddenMassachusetts Supreme Judicial Court · 1893
- Home Savings Bank v. City of BostonMassachusetts Supreme Judicial Court · 1881
- Wieczorek v. McCarthyMassachusetts District Court, Appellate Division · 1939