21 Conn. 101 | Conn. | 1851
We have directed our attention, for the most part, to only one of the grounds urged for a new trial. Is the town of New-Milford prevented from recovering from the town of Sherman for the support furnished to Prout, one of its inhabitants, having themselves been instrumental in bringing him into the town of New-Milford?
But we will first dispose of the other points which are of minor importance. And first, it is said, that Prout was not poor and necessitous, within the meaning of the statute; because a short time before he was in the poor-house in New-Milford, he put two promissory notes into the hands of one Jackson, (the dates and value of which are not found,) one of them nominally for 25 dollars, and the other for 1 dollar, 50 cents, on which 7 dollars, in the whole, was afterwards collected, and paid over to Prout. The judge left it to the jury to say, whether, notwithstanding these notes,
It is again said, that the court should have rejected the certificates of Jared Bostwick, town-clerk of New-Milford. The certificate declares, that the register of votes of that town for April, 1843, at the annual election of state officers, shows, that Prout, the pauper, voted in that town. We think the certificate was correctly rejected, because, first, a certificate is not the proper evidence of a record, but there should have been a certified copy of the record itself. Secondly, the record itself, would not be the proper evidence of the particular fact of settlement or no settlement, nor of residence even; these must be proved, by appropriate evidence, under oath. Thirdly, the record speaks of a fact after, and only after, the acquired settlement of Prout in Sherman. The plaintiff claimed no other settlement than one complete before April, 1843; so that the fact stated in the certificate, was wholly irrelevant.
Again, it is said, the court should not have received the declarations of Prout, that while going towards Sherman, he was going to his home there; that is, that he spoke of and treated the house of Jotham Sherman as his home. We think this testimony is good evidence of the fact of domicil, so far as mind or conduct enters into the fact of one’s home or place of permanent abode.
We come then to the main question in the case. Does the conduct of the select-men of New-Milford preclude a recovery? The language of the statute is, “and it shall be the duty of every town to maintain and support all the poor inhabitants belonging to the town, whether residing in it, or in any other town in the state.” The jury found Prout was, during the time of his support by the plaintiffs, an inhabitant of Sherman, and in want of immediate support, and that
Here then, the plaintiffs’ claim has all the essential elements of a good cause of action; and why then shall they not recover upon it? The mistake of the select-man of New-Milford, if the defence prevails, is made to fall on his town, with extraordinary and unexampled severity. Had a stranger carried Prout into New-Milford, and left him there, it would have been no bar to a recovery against Sherman. Nor is this act of a select-man of New-Milford any more a bar than in that case, even if the select-man was really in fault; and much less so, if he laboured under a mere mistake. He intended only to discharge a duty imposed under a severe penalty for neglect—to provide for a suffering pauper within the limits of New-Milford; as it was then supposed, and honestly supposed. But strictly, as the house from which he was taken, proved to be in the town of Sherman, he had no right, as the representative of New-Milford,
The objections to this view of the case, urged by the counsel for Sherman, have more of sophistry than good sense. They say, a remedy for supporting a pauper, is giv
It is further objected, that New-Milford is a volunteer in the expense of supporting the pauper in question. Did her select-men volunteer in bringing the pauper? Did they volunteer in keeping him from suffering and starvation? Did they do wrong? Was he not there and needy? At no time did they certainly know it could be proved he had a settlement in Sherman; for this depended upon the question of a town line; and hence they were not obliged, at their peril, to return him, or support him at their own expense. They gave notice to Sherman, and thus plainly told Sherman they were not volunteers; and it is puerile to hold, after this, that they were volunteers. Prout was in their poor-house by mistake, and that was all; and it was of no importance to Sherman to be informed why it was so—and the reason, if stated, would not have bettered their condition at all. Every question in their favour was open, as much so, as if he had wandered there at first, as he did afterwards.
It is again said, that as the pauper was brought into New-Milford by their select-man, he was not “residing” therein, and hence not within the provisions of the statute. Being in the town, and in necessitous circumstances, is enough in other cases, and is enough in this, unless the mistake in the outset is to neutralize the subsequent continuance, especially after New-Milford had given notice to Sherman. We think the pauper was a resident in New-Milford; and that it may be properly said, that their select-men were obliged to provide for him, upon receiving notice of his suffering condition. If this is not so, then in the cases above supposed, the selectmen, who bring into town a pauper, who, they suppose, has his place of settlement in the town, but who, they afterwards find, has his place of settlement in some other town, or perhaps of the town from which they took him, are mere
The counsel for Sherman put this objection in a very imposing form. They ask, shall the select-men of a town steal a pauper, and bring him into their own town, and then sue for supporting him? There is no similarity between the case supposed and the one on trial. There has been no stealing, nor fault whatever; nor any perseverance in a fault. It was a mistake, without fault; and when discovered, immediate measures were taken to obtain relief from the act.
New trial not to be granted.