143 Mass. 245 | Mass. | 1887
We assume, for the purposes of this case, that the county commissioners of Norfolk, in 1873, relocated River Street in the town of Hyde Park, and determined that the town should construct the way, within three years, according to the location. It became the duty of the town to construct
In the case at bar, there was no vote of the town authorizing the selectmen to finish River Street, or to contract with the plaintiff to work upon it. The vote to appropriate “ $7000 for highways ” did not confer such authority. It was intended for the maintenance and repairs of existing highways, and cannot be construed to authorize the selectmen to pledge the credit of the town for building a new road according to the order of the commissioners. The work for which the plaintiff sues was not work done in the ordinary repairs of the highways; and the Superior Court properly ruled that he could not recover of the town for it. Clark v. Russell, 116 Mass. 455. Todd v. Rowley, 8 Allen, 51.
Exceptions overruled.