Commonwealth v. Petitcler
Massachusetts Supreme Judicial Court
Indictment for a nuisance by obstructing a highway in Cheshire. At the trial, at July term 1872 of the Superior Court, before Rockwell, J., the following facts appeared: “Moses Wolcott opened the road in question across his own land, prior to the St. of 1846, c. 203, § 1,” which provides that no way thereafter opened or dedicated to the public use shall become chargeable upon any town unless laid out by the town as prescribed by law; “it conducts the travel from one public…
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Indictment for a nuisance by obstructing a highway in Cheshire. At the trial, at July term 1872 of the Superior Court, before Rockwell, J., the following facts appeared: “Moses Wolcott opened the road in question across his own land, prior to the St. of 1846, c. 203, § 1,” which provides that no way thereafter opened or dedicated to the public use shall become chargeable upon any town unless laid out by the town as prescribed by law; “it conducts the travel from one public road to another nearer the tavern to which this road led, of which tavern Wolcott was the owner and keeper in Cheshire;…
1Opinion of the CourtWells, J.
The verdict establishes every fact necessary to its support, which it would be competent for the jury to find. The case, as stated in the report, shows that there was evidence which would warrant a jury in finding that a way for the public had been acquired by dedication or prescription.
The defendant contends that the fact that the way was opened over his own land by the owner, for the accommodation of his tavern, fixes its character as a private way. But a road to a tavern, as well as the tavern itself, is not for private convenience only, but also for the public accommodation; and the jury…
2Cited by2 opinions
- Fitchburg Railroad v. PageMassachusetts Supreme Judicial Court · 1881
- Loomis v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1905