
    
      No. 2.
    SELECTMEN OF NEWBURY against JOHNSON.
    
      Orange,
    
    1816.
   SELECTMEN, in their official capacity, cannot maintain an action against a surveyor of highways for damages sustained by the town in an individual’s being injured by an unrepaired state of the road. The action ought to have been brought against the town. An action of assumpsit will not lie in the above case, it ought to have been a special action on the case,;  