City of Cambridge v. County Commissioners of Middlesex
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari, to quash the proceedings of the county commissioners of Middlesex in determining the boundairies of, and locating anew, a certain road in Lexington and Lincoln, under St. 1895, c. 354, § 6.* The petition alleged that, under the provisions of various statutes, the petitioner was authorized to take certain waters, including the waters of Stony Brook in the towns of Waltham and Weston, and also to take and hold lands necessary for the…
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Petition for a writ of certiorari, to quash the proceedings of the county commissioners of Middlesex in determining the boundairies of, and locating anew, a certain road in Lexington and Lincoln, under St. 1895, c. 354, § 6.* The petition alleged that, under the provisions of various statutes, the petitioner was authorized to take certain waters, including the waters of Stony Brook in the towns of Waltham and Weston, and also to take and hold lands necessary for the construction and maintenance of waterworks ; that, by virtue of such authority, the petitioner had taken the water of Stony…
1Opinion of the CourtAllen, J.
By Pub. Sts. c. 49, § 13, when application is made to the county commissioners by a town to locate anew a road within such town, they may for the purpose of establishing the boundary lines of such road, or of making alterations in the course or width thereof, locate it anew. Under this authority, the commissioners may widen the old road, and may depart entirely from its- boundary lines for short distances, and so much of the old road as is not included within the new lines is thereby discontinued. Hobart v. Plymouth, 100 Mass. 159. Stockwell v. Fitchburg, 110 Mass. 305. To relocate is the…
2Cases cited6 opinions
- Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Richards v. County CommissionersMassachusetts Supreme Judicial Court · 1876
- Stockwell v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Westborough, Selectmen ofMassachusetts Supreme Judicial Court · 1897
- Inhabitants of Watertown v. County Commissioners of MiddlesexMassachusetts Supreme Judicial Court · 1900
- Raines v. Terrell CountySupreme Court of Georgia · 1930
- L'Homme v. Town of WinchendonMassachusetts Supreme Judicial Court · 1934
- Marks v. State Highway DepartmentSupreme Court of Georgia · 1929