Beckwith v. Town of Farmington

• Court: Connecticut Supreme Court
• Writing for the Court: HAMERSLEY, J.
• Citation: Beckwith v. Town of Farmington, 59 A. 43, 77 Conn. 318 (Conn. 1904)
• Decision Date: 11 November 1904
• Parties: BECKWITH v. TOWN OF FARMINGTON.

59 A. 43

77 Conn. 318

BECKWITH

v. TOWN OF FARMINGTON.

Supreme Court of Errors of Connecticut.

Nov. 11, 1904.

Appeal from Superior Court, Hartford County; William S. Case, Judge.

Action by Oliver A. Beckwith against the town of Farmington to recover the reasonable value of services rendered. There was a judgment of nonsuit, which the court refused to set aside, and plaintiff appeals. Alarmed.

The defendant town by votes of town meeting authorized the construction of a townhall building; appointed a building committee consisting of the three selectmen and six other inhabitants, of whom the plaintiff was one; anthorized the committee to have plans for the building prepared for submission to a town meeting; approved the plans submitted; directed the committee to make a contract for the building with the lowest bidder; and appropriated the sum of $17,500 for construction of said building, including heating, lighting, and furnishing the same. Shortly after its appointment the committee chose the plaintiff to be chairman. The building was constructed and paid for, and the town paid the members of the committee, including the plaintiff, for expenses incurred by them, and reimbursed the plaintiff for moneys advanced by him in payment of expenses of construction authorized by the committee in excess of the appropriation made by the town. The plaintiff then claimed that the town was liable to him for the reasonable value of services he had performed while member and chairman of the committee in preparing plans for the building, in the superintendence of the building, and in selecting and contracting for the heating, lighting, and furnishing of the same; and upon refusal of the town to pay for such services brought this action. No reason for appeal is assigned except the alleged error of the trial court in denying the plaintiff's motion to set aside the judgment of nonsuit which the court had rendered upon motion of the defendant.

Charles H. Briscoe and Oliver R. Beckwith, for appellant.

Noble E. Pierce and George E. Taft, for appellee.

HAMERSLEY, J. (after stating the facts). It is well settled that when an inhabitant of a municipal corporation accepts a position of honor and trust for the benefit of all the inhabitants, whether the position be created by statute or by municipal action, and no provision by law or contract is made for compensation, no duty is imposed upon the municipality to pay such inhabitant for services rendered in performing the uncompensated public duty he has thus voluntarily assumed. Turuey v. Bridgeport, 55 Conn. 412, 414, 12 Atl. 520; Pinney v. Brown, 60 Conn. 164, 169, 22 Atl. 430; O'Connor v. Waterbury, 69 Conn. 206, 211, 37 Atl. 499; White v. Levant, 78 Me. 568, 7 Atl. 539; Farnsworth v. Inhabitants of Melrose, 122 Mass. 268; Cochrane v. Inhabitants of Melrose, 121 Mass. 563; Sawyer v. Pawners' Bank, 6 Allen (88 Mass.) 207.

In view of this law and of the facts alleged in...