Davis v. Inhabitants of Milton Plantation
Supreme Judicial Court of Maine
On Motion and Exceptions by Defendant. This was ail action to recover for the burial expenses of a state pauper who died in Milton Plantation, and of which plantation the plaintiff was a resident.
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On Motion and Exceptions by Defendant. This was ail action to recover for the burial expenses of a state pauper who died in Milton Plantation, and of which plantation the plaintiff was a resident. In the course of the trial the presiding justice made the following pro forma ruling: “If you find the issues of fact in favor of the plaintiff; if you find, in other words, that the plaintiff would be otherwise entitled to recover if the defendants had been an incorporated town, he may also recover against these defendants, who are only an organized plantation and not a town. It would be immaterial…
1Opinion of the CourtFoster, J.
The plaintiff, a resident of the defendant planta*514tion, sues to recover for the burial expenses of a state pauper who died in said plantation.
Exception is taken to the ruling of the presiding justice that if the plaintiff would be otherwise entitled to recover, if the defendants had been an incorporated town, he might also recover against these defendants who are only an organized plantation and not a town.
We think this ruling cannot be sustained.
The obligations of towns and plantations in reference to the support of paupers result from provisions of positive law. Whatever there is originates…
2Cases cited1 opinion
- Inhabitants of Plymouth v. Inhabitants of WarehamMassachusetts Supreme Judicial Court · 1879
3Cited by3 opinions
- Kansas Gas & Electric Co. v. City of Independence, Kan.Court of Appeals for the Tenth Circuit · 1935
- City of Auburn v. Inhabitants of FarmingtonSupreme Judicial Court of Maine · 1934
- Kansas Gas & Electric Co. v. City of Independence, Kan.Court of Appeals for the Tenth Circuit · 1935