The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-10-03
IMPORTANT LAW DECISION,
In case efremopal of iSnotc.

At the session of the Court of Common Pleas
held the past week in Dedham, two cases were de-
cided touching the power and duty of Surveyors
oil highways, important for towns IN TINS Common
wealth to understand.
Alvin Loker. a surveyor of highways in the
town of Brooklne, brought his action against the
: inhabitants of said town for labor in treading
down and removal of snow in the winter of 1880
and 1881 1t appeared that the Plaintiff mad ex-
pended all the money allotted him by the town, in
ordinary repairs upon the highway and the in
habitants of his district refused to perform the
necessary labor gratuitousy. He then ordered
them out in his official capacity, TO labor for and
in behalf of the town bills in the name of each
individual were made and presented TO the town
for payment, and rejected: The Surveyor
and the men employed by him as above, brought
their actions. two of which tried, to settle
the principles applicable to the case. II was in
proof that :he Plaintiff was legally chosen and
qualified a Surveyor of said town; that the
roads in his district were impossible BY reason of
snow, and that the labor timely and iudicious-
ly performed and that the town had refused to re-
munerate either the Surveyor or those whom he
had employed
The Counsel for the town rested the defence
principally upon two grounds LIST. That Survey
ors OF highways have no power to charge towns
ior iaoor done BY them in removing snow or other
wise. without first obtaining the appreciation of the
eeiectmen Of such town. Cd. That men employ
ed by Surveyor, must look to him for pay and
cannot maintain assumpsit against the town.
The other Counsel met these objections by
urging
list. That the command of the statute prescrib-
ing the duty of Surveyors in cases when the roads
in their respective districts are blocked up with
snow is peremptory, admitting of no delay in the
performance Of their duty.
I'd. That the statute made expressly TO meet
winter emergencies, has no practical connection,
with other statutes regulating the repairs of high
ways.
Sd. That a Surveyor Of highways is the legal
agent OF the town for which he acts, to perform
high and responsible public trust, and if towns vi
olate their own duty, and withhold from their
agents the means necessary to enable them to per-
form their duty acceptaby to the public and faith
fully fulfil the sautary acquisitions Of the law,
they may force them to remunerate those thus
employed for all their abors, udiciously and neces-
sariy bestowed.
4th. That men employed by such legal AGENTS
to labor for the benefit of the town. may we'll look
directly to the town for their pay. otherwise as
surveyors, though good men, not always respon-
slble IN pecuniary point of view, men would re-
fuse to labor under doubtful prospect of payment
and the public interest would be left to suffer
The other aclion was Caleb Cross, Jr, u.s. the
same town of Brookline, he being one of the men
called out by order of said Lolser.
The Court Judge Williams presding,) ruled
That the Plaintiffs Counsel had given the true in.
terpretation of the various statutes and that the
statute prescribing the duties of surveyors, in cases
OF snow, is totally disconnected with the others
regulating the ordinary repairs of highways; and
That the same is peremptory, unless towns by vote
modify the same
Ner6icts in both cases were returned against the
town.
Harrington was counsel for paintif-Metcalf
'or decentralization Centinel.