Holbrook v. Selectmen of Douglas
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Worcester, August 29, 1905, seeking to prevent the establishment or construction of a way, which, the bill alleged, the defendants undertook to relocate or lay out. There was a hearing before Stevens, J., on facts which were agreed to, and he dismissed the bill. The plaintiff appealed. The facts are stated in the opinion. The case was submitted on briefs.
1Opinion of the CourtKnowlton, C. J.
The plaintiff by this bill seeks to obtain an injunction against the selectmen of Douglas, to prevent the establishment or construction of an alleged way which, by their act, afterwards accepted by a vote of the town, they undertook to relocate or lay out.
The record and the briefs upon which the case was argued leave us in doubt as to some of the facts that may affect the *95merits of the case. It is agreed that the land included within the alleged way is the same over which a town way was laid out by the selectmen of Douglas in 1787, as appears by the records of the town in book 12, page 76. It…
2Cases cited2 opinions
- Bennett v. WellesleyMassachusetts Supreme Judicial Court · 1905
- City of Worcester v. County CommissionersMassachusetts Supreme Judicial Court · 1897
3Cited by3 opinions
- Doscher v. GarvinCourt of Appeals for the Second Circuit · 1924
- Main v. County CommissionersMassachusetts Supreme Judicial Court · 1912
- L'Homme v. Town of WinchendonMassachusetts Supreme Judicial Court · 1934