Commonwealth v. Inhabitants of Springfield
Massachusetts Supreme Judicial Court
At the Common Pleas, for this county, November term, 1808, an indictment was found by the grand jury, charging, “ that there is, and for a long time hath been, a certain common highway, leading from Chicopee road, so called, in the town of Springfield, to the town of South Hadley, in said county, by a place called the Slabury Ponds, used by and for all the citizens of this commonwealth, with their horses and carriages, to go, pass and [ * 10 ] repass, at their free * will…
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At the Common Pleas, for this county, November term, 1808, an indictment was found by the grand jury, charging, “ that there is, and for a long time hath been, a certain common highway, leading from Chicopee road, so called, in the town of Springfield, to the town of South Hadley, in said county, by a place called the Slabury Ponds, used by and for all the citizens of this commonwealth, with their horses and carriages, to go, pass and [ * 10 ] repass, at their free * will and pleasure; and that a certain part of the same common highway, two miles in length and two rods in breadth, within the…
1Opinion of the Court
The action stood over for advisement to this term, and now the opinion of the Court was delivered by
Parsons, C. J.
The defendants are indicted for not repairing a common highway, which it is alleged that they ought to repair They have demurred to the indictment, and the attorney for the commonwealth has joined in demurrer.
Three exceptions are taken to the indictment; that the defective road is not described as lying in the county of Hampshire; that the indictment concludes as for an offence at com*10mon law, and not against the form of the statute; and that the Common Pleas, where the indictment…
2Cases cited1 opinion
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1806
3Cited by22 opinions
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1938
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Stephenson v. Doe ex dem. WaitIndiana Supreme Court · 1847
- Harris v. City of QuincyMassachusetts Supreme Judicial Court · 1898
- Higgins v. StateCourt of Appeals of Maryland · 1885
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