149 Mass. 193 | Mass. | 1889
The plaintiff seeks in an action of tort at common law to recover damages against the defendant for the alleged negligence of the superintendent of streets of the city of Lynn in making certain repairs in one of the streets in that city, by which negligence she was injured while lawfully using such street. Conceding the general proposition that a town is not responsible for the acts of public officers while engaged in the performance of their duties as prescribed and regulated by the statute, she contends that the case at bar comes within that class of cases in which it has been held that a town is responsible when, assuming for itself the conduct and management of work such as that in which the superintendent was engaged, it intrusts the work to agents of its own whom it directs and controls. Walcott v. Swampscott, 1 Allen, 101. Hawks v. Charlemont, 107 Mass. 414. Deane v. Randolph, 132 Mass. 475. Waldron v. Haverhill, 143 Mass. 582. Doherty v. Braintree, 148 Mass. 495.
By the charter of the city of Lynn, the power, in such manner as its city council may determine by any by-law made for the purpose, to “ appoint or elect all subordinate officers, not herein otherwise directed, for the ensuing year, define their duties, and fix their compensations, in cases where such duties and compensations shall not be defined and fixed by the laws of this Commonwealth,” was conferred upon the city council. St. 1850, c. 184, § 8. Such superintendent was duly elected under the street ordinance of the city of 1879, § 26, which provided that there should be elected by ballot “ a superintendent of streets, who shall perform the duties and exercise the powers of a surveyor of highways under the statutes of the Commonwealth. He shall con
Nor are we of opinion that, because, while the ordinance provides for the annual election of superintendent of streets, it also
Exceptions overruled.