Commonwealth v. Carr
Massachusetts Supreme Judicial Court
Indictment for obstructing a certain public way in Berkley, on January 1, 1885,'by placing a fence and gate across tbe same. Trial in the Superior Court, before Barker, J., who allowed a bill- of exceptions, in substance as follows: The way in question was a town way located in that part of Berkley known as Assonet Neck.
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Indictment for obstructing a certain public way in Berkley, on January 1, 1885,'by placing a fence and gate across tbe same. Trial in the Superior Court, before Barker, J., who allowed a bill- of exceptions, in substance as follows: The way in question was a town way located in that part of Berkley known as Assonet Neck. The government put in evidence a transcript from the records of the town, showing that, in 1853, George Pierce and others petitioned the selectmen to lay out a road “ beginning at a termination of the Assonet Neck road (so called) in Berkley, and leading in a southerly…
1Opinion of the CourtC. Allen, J.
It was not necessary to offer direct evidence that the laying out of the way was duly filed in the town clerk’s office. The action of the selectmen and of the town presuppose that this had been done, and warrant an inference of the fact. See Blossom v. Cannon, 14 Mass. 177; Wallace v. Townsend Parish, 109 Mass. 263; United States Bank v. Dandridge, 12 Wheat. 64, 70; Cornett v. Williams, 20 Wall. 226, 250 ; Steph. Ev. (Am.ed.) 187, 271; Williams v. Eyton, 4 H. & N. 357.
The license to the defendant to place a gate on the road could not include an authority to keep the gate locked, with the key…
2Cases cited4 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Cornett v. WilliamsSupreme Court of the United States · 1874
- Blossom v. CannonMassachusetts Supreme Judicial Court · 1817
- Wallace v. Inhabitants of the First ParishMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Packard v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1897
- McDonough v. EverettMassachusetts Supreme Judicial Court · 1921
- Mahan v. Town of RockportMassachusetts Supreme Judicial Court · 1934
- Commonwealth v. TolmanMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1894