Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1874-04-03
Michael McGoven VS.. Highland.

Michael McGOVen VS.. Highland.
AS the case of Michael McGoven VS..
the town of Highland. which was decided
in the Circuit Court at this place last week,
involves some points of general interest
we publish the charge os Judge Mills in
the ease. 1t will be remembered that the
case was decided in favor of the plaintiff.
The following is the charge to the jury.
The plaintiff, as assignee of his deceased
father, Edward McGoven, brings this action
against the town to recover for services
rendered by his father as everseer, money
and labor done by him in the year 1870,
in Road District No. 3, in said town.
The amount of plaintiffs damages is $l7,7O
All questions have been waived by the
parties except this: Is the town respon-
sibe as the debtor, or only responsible as
trustee when it shall have received the
money from delinquent taxes belonging to
the Road District.
The town does not deny the justice Of
the demand as against some party. The
town officers, in their settlements with
Edward McGoven, approved the claim,
| and ordered it paid out Of funds anticipated
to arise from the delinquent road tax of
1870 which, by the usual course, would
reach the town treasury. For that year
however, no taxes were collected in Iowa
county. The next year the town voted
| and raised considerable sum-$l ,0U0-
| to square the general Indebtedness.
Except in the accident of delinquent
taxes, no monies pertaining to a Road
District can ever reach the hands of the
| Town Treasurer. If every tax payer in
the Road District works out his taxes, or
pays them in mOney-if the assessed taxes
are paid on all the property in the Road
District, there is no money that can reach
the Town Treasurer's bands. The Road
District cannot pay it's debts, if anything
| is in Arrears to q former overseer. The
present overseer must apply all the money
that may come into his hands for the im>
provement of the roads in his district /
think in such a case as the present the
town should assume the risk of realizing
anything from the delinquent tax, and
should pay the plaintiffs claim. The over
seer returned delinquent list larger
than the amount of his demand, but the
| town never collected it. In view of the
law it was the negligence of the town that
deprived it Of the means of paying off this
demand from the delinquent tax on the
real property in District No. 8, for the
| year 1870.
The range of discussion pursued by
counsel involved many points not necessa.
ry to decide in the action. Of course
overseers who should do unnecessary
work, who should attempt to McAdamize
the highway, in their respective districts,
mourning expense far beyond the amount
of the local tax, could not compel indem-
nifty, either from the town or road district.
Neither the town nor district can be CON-
PEELED to pay for labor done on its road,
unless such labor be directed, or, after it
is done, sanctioned by the town board.
Il may happen that a town is under the
absolute necessity of laying out more
money and labor in the Improvement of
its roads and bridges than will be met by
the annual town appropriation, though an
feverseer may sometimes, on his own mo-
ton, raise an additional tax on his dis
trict. There may be injuries done to the
roads therein, by storm or foods, of SO
fserious q nature that the town, and not
the road district, should bear the expense
of repairs. Of course in such cases the
town would be responsible for the extra
labor required to make the road in par
ticufar district passable,
4 consider that road districts are in no
sense corporations. They are made and
unmade at the discretion of the town
board. The districts, as such, can own
no money, cannot sue and be sued. They
are the mere adjuncts by which the town
collects its road tax and improves its
roads. IF in such services the overseer
incurs expenses necessarily, and beyond
the amount of money in his hands, I re-
gard the town as responsible, where the
law makes no particular provision for his
compensation.