Town of Canton v. Town of Burlington

• Decision Date: 01 April 1893
• Citation: 24 A. 982,61 Conn. 589
• Parties: TOWN OF CANTON v. TOWN OF BURLINGTON.
• Court: Connecticut Supreme Court

24 A. 982

61 Conn. 589

TOWN OF CANTON

v. TOWN OF BURLINGTON.

Supreme Court of Errors of Connecticut.

April 1, 1893.

Appeal from court of common pleas, Hartford county; Taintor, Judge.

Action by the town of Canton against the town of Burlington. Judgment for defendant. Plaintiff appeals. Affirmed.

J. P. Andrews, for appellant.

J. J. Jennings, for appellee.

SEYMOUR, J. This is an action to recover for the care and support of Francis Naylan, a pauper, from June 26, 1888, to December 4, 1888. The finding is in part as follows: Francis Naylan, the pauper in question, was an alien, and came from Ireland to this state about 1867 or 1868. From that time down to the death of his sister, Mrs. Parkinson, which occurred August 26, 1884, he resided with her in the village of Collinsville, within the limits of the town of Burlington, except a few months in 1872 and 1873, when he was in New Haven, and a short period about the same time when he was boarding with a friend in Canton. He was never naturalized, and never became a citizen of the United States. At the time of his sister's death Naylan was over 70 years old, unable to work, without means of support, and in need of relief, and after her death was living alone in the house. Shortly after her death the Rev. Father Sheridan, to whose congregation Naylan belonged, arranged with a Mrs. McNamara to take Naylan to board, provided the town of Burlington would pay her the usual amount paid in such cases; and pursuant to that arrangement Naylan was removed to her house in the village of Collinsville, a few hundred yards distant from Mrs. Parkinson's, but within the limits of the town of Canton. This was done by Father Sheridan in good faith, without any intent to change the status of Naylan as a pauper, and under the belief that the town of Burlington was liable for his support, and would pay Mrs. McNamara as proposed. No application for relief had been made to the town of Burlington up to the time when Naylan was so removed to Mrs. McNamara's house; but some time afterwards, in the month of October, 1884, Father Sheridan applied to Gilbert H. Holcomb, one of the selectmen of that town, stating what Naylan's condition was, and that, unless Burlington would support him at Mrs. McNamara's, he would be brought back into the town. At a meeting of the selectmen of Burlington, held October 27, 1884, the matter was laid before them, with a claim that Naylan belonged to Burlington, and would be be returned from Mrs. McNamara's unless assisted there, and they agreed to pay for his support at Mrs. McNamara's the sum of $1.50 per week; and the town of Burlington paid Mrs. McNamara for his support at the rate agreed upon, from October 16, 1884, to October 23, 1885, and after the latter date ceased to make any payments. Naylan remained with Mrs. McNamara in the town of Canton continuously, and without calling on the town for assistance, until June, 1888, when he made application to the selectmen of the town for relief, which was furnished him; and on the 26th day of ...