# Miller v. Shaw

> Massachusetts Supreme Judicial Court · September 15, 1862 · 86 Mass. 500

URL: https://www.frixlaw.com/law-library/cases/6413427

## Case

- **Full name:** Cornelius Miller v. Warren Shaw
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** September 15, 1862
- **Citations:** 86 Mass. 500
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Bigelow
- **Judges:** Bigelow
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6413427

## Opinion text

Bigelow, C. J.
The rule of law applicable to a case like the one at bar is fully stated in a recent decision of this court. Brown v. Perkins, 1 Allen, 89 . Upon reconsideration, we see no occasion to change or modify the conclusions therein stated. The instructions to the jury in this case were in exact conformity with the principles there laid down, and were sufficiently full and accurate to guide the jury in the performance of their duty. That the defendant was not responsible in this suit for any neglect or omission to act in his capacity of selectman, is too clear to admit of a doubt. No averment concerning his official capacity is made in the declaration, nor is any breach of his official duty alleged ; but if such averments were made, he would not be amenable to the plaintiff for damages in this action.
Exceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6413427. Public record. Not legal advice.