Inhabitants of Watertown v. County Commissioners of Middlesex
Massachusetts Supreme Judicial Court
Petition, for a writ of certiorari, to quash the proceedings of the respondents in exceeding their authority in locating Belmont Street and in laying out the same by taking land lying within the limits of the town of Watertown, and by ordering the town of Watertown to pay for the land so taken and to construct a portion of the street, the petition alleging that the proceedings and the relocating, widening, and laying out were wholly erroneous.
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Petition, for a writ of certiorari, to quash the proceedings of the respondents in exceeding their authority in locating Belmont Street and in laying out the same by taking land lying within the limits of the town of Watertown, and by ordering the town of Watertown to pay for the land so taken and to construct a portion of the street, the petition alleging that the proceedings and the relocating, widening, and laying out were wholly erroneous. Hearing before Knowlton, J., who reserved the case for the consideration of the full court. If the proceedings showed such error of law as to entitle…
1Opinion of the CourtBarker, J.
As both the streets were highways and formed together a continuous highway, the respondents had jurisdiction to alter, widen, and straighten them, and to locate their new bounds. This power has been in the county commissioners since that tribunal was established by St. 1827, c. 77. See St. 1827, c. 77, § 7 ; Rev. Sts. c. 24, §§ 1-5; Gen. Sts. c. 43, §§ 1-7 ; Pub. Sts. c. 49, §§ 1-7. Under this jurisdiction the commissioners can widen, narrow, straighten, and change the grade of any highway. Goodwin v. Marblehead, 1 Allen, 37, 39, and cases cited. Cutter v. Cambridge, 6 Allen, 20. Bowley v.…
2Cases cited24 opinions
- Cabell v. Cabell's AdministratorCourt of Appeals of Kentucky · 1858
- Bigelow v. City CouncilMassachusetts Supreme Judicial Court · 1897
- Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868
- Foster v. Board of Park CommissionersMassachusetts Supreme Judicial Court · 1882
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
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3Cited by7 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Howland v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1918
- Bennett v. WellesleyMassachusetts Supreme Judicial Court · 1905
- Livermore v. County of NorfolkMassachusetts Supreme Judicial Court · 1904
- Main v. County CommissionersMassachusetts Supreme Judicial Court · 1912
2 more not listed; retrieve them via the Exa API.