Lincoln v. Inhabitants of Warren
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed on May 28, 1887, for a jury to assess the damages to the petitioner’s land by an alleged discontinuance of a portion of South Street, a town way in the respondent town. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, on agreed facts, in substance as follows.
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Petition to the Superior Court, filed on May 28, 1887, for a jury to assess the damages to the petitioner’s land by an alleged discontinuance of a portion of South Street, a town way in the respondent town. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, on agreed facts, in substance as follows. A meeting of the respondent town was held on June 1, 1886, in pursuance of a warrant containing the following: “ Article 2. To see if the town will discontinue a portion of the town way known as South Street, of sufficient width and…
1Opinion of the CourtKnowlton, J.
The only question in this case is whether a town can by a mere vote alter one of the boundary lines of a town way, and discontinue that portion of the way which lies outside of the newly located line.
The Pub. Sts. c. 49, § 1, give the county commissioners jurisdiction to lay out, alter, or discontinue highways. Section 13 of the same chapter gives them jurisdiction to locate anew town ways. Town ways may be laid out or altered by the selectmen or road commissioners. Pub. Sts. c. 49, § 65. A like jurisdiction is commonly given to the mayor and aldermen, or some similar tribunal, in cities. If…
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