Carr v. Inhabitants of Berkley
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess damages for the taking of land, by the respondent, to lay out a highway in the town of Berkley. Hearing in the Superior Court, before Barker, J., who ruled that the way was not legally laid out, directed a verdict for the respondent, and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The Pub. Sts. e. 49, § 65, provide that the selectmen of the several towns may lay out town ways. Section 71 provides that no town way laid out by the selectmen shall be *540established until such laying out is reported to the town, and accepted and allowed at a town meeting warned and notified therefor; nor unless “ such laying out ” is filed in the office of the town clerk seven days at least before such meeting.
In this case, the selectmen proceeded in literal compliance with the statute. On February 17, 1886, they laid out the way, and on the next day they filed the laying out with the town…
2Cited by2 opinions
- Matulewicz v. Planning BoardMassachusetts Supreme Judicial Court · 2002
- Inhabitants of Dartmouth v. County CommissionersMassachusetts Supreme Judicial Court · 1891