HomeMy WebLinkAbout1941-11-03 Law Committee Minutes A meeting of the Law Committee was duly held in the
Municipal Building, on Monday, November 31 1941, at 8:30
o' clock P.T:L, notice of such meeting having been forwarded
to each of such members giving the time and place of such
meeting.
There were present: Carl W. Goodridge, Chairman,
Wendell P. Davis, Henry R. Johnson, Dr. E. M. Halligan,
Irving C. Austin, Edgar Frost, and Joseph D. Knight, being
all the members of the Law Committee.
The Chairman called the meeting to order.
Mr. Norman H. Ford, 113 Bancroft Avenue, appeared before
the Committee and presented his claim for damages as the
result of an alleged accident in which his minor daughter,
Nancy Ford, fell over a drawer which protruded from a desk
in the classroom of the Highland School on September 8, 1941,
and after due consideration, it was
Upon motion duly made and seconded,
VOTED: That the Town Counsel be instructed to
notify the claimant that as there is no liability on the part
of the Town for an accident of this character, the Committee
must decline to approve or authorize any settlement.
The matter of the allowance to the Town Counsel for
expenses incurred in connection with the preparation and trial
of four jury cases in the Middlesex Superior Court in May 1941
November 7, 41.
Mr. Norman H. Ford
113 Bancroft. Avenue
Readin , Mass.
Dear Mr. Ford:
The Law Committee of the Town has duly considered
your claim for damages as a result of the alleged accident
to your minor daughter, Nancy Ford, which occurred on
September 8, 1941, :in the Hikhland School.
There is no liability on the part of the Town for
an accident of this character. It is wall settled in this
Commonwealth that no action unless authorized by statute,
can be maintained against the Town for the neglect of a
public duty, imposed upon it by law for the benefit of the
public, and from the performance of which the Town receives
no profit or advantage. You must appreciate that the
officers of the Town in the matter of the diabursament of
Town funds are trustoos for the taxpayers and cannot expend
such funds unless for purposes authorized by law.
The Committee regrets exceedingly that this
accident happened and are very sorry to advise yon. that they
have no authority to approve or authorize the payment of any
Town funds in settlement of your claim.
Yours very truly,
SHD.ZG Town Counsel.
I,
1 was considered by the Committee, and
a
Upon motion duly made and seconded, it was
VOTED: that the Town Counsel be awarded the sum
i
� of your Hundred (400) Dollars for expenses incurred in the
1
{ defense in the ➢^,iddlesex Superior Court of the four cases
J involving the accident on Grove Street which occurred in
January, 1939.
i
No further business being brought before the meeting,
it was
Upon motion duly made and seconded,
VOTED: to adjourn.
i Adjourned.
1 Attest:
i]} Secretary
i
z
October 27, 1941.
Mr. Norman ?f. Ford,
113 Bancroft Ave1:ue,
Reading, Nass.
Dear Sir:
The Law Committee will meet on Monday evening,
Yovember 3rd, 1941, in the conference room adjoining the
selectmen' s office, at 8.45 o'clock, at which time it will
be pleased to hear your case relative to injury received by
your daughter on September 8th.
Yours very truly,
LAS! COMMITTEE
Chairman.
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