Inhabitants of Needham v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 6, 1889, by the inhabitants of the town of Needham, and by its selectmen acting as surveyors of highways, against the New York and New England Railroad Company, containing the following allegations: “First.
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Bill in equity, filed in the Superior Court on June 6, 1889, by the inhabitants of the town of Needham, and by its selectmen acting as surveyors of highways, against the New York and New England Railroad Company, containing the following allegations: “First. That there is in said town of Needham a certain public way called Oak Street, extending from Chestnut Street northerly across the location of said railroad company to Maple Street, over which the inhabitants of said town have a right to pass free and'unobstructed, as they may do upon other public ways in said town. Second. That the said…
1Opinion of the CourtField, J.
Although the surveyors of highways may remove “ whatever obstructs or encumbers a highway or town way, or hinders, incommodes, or endangers persons travelling thereon,” (Pub. Sts. c. 52, § 10,) they have no rights of property in the public ways, and cannot, as surveyors, maintain suits against persons who obstruct the ways. When a public way is obstructed so as to constitute a public nuisance, the remedy at law is by indictment, and in equity by an information by the Attorney General, or by some other officer representing the Commonwealth. When the interference with a public right of way is…
2Cases cited4 opinions
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
- Inhabitants of New Salem v. Eagle Mill Co.Massachusetts Supreme Judicial Court · 1884
- Inhabitants of Quincy v. City of BostonMassachusetts Supreme Judicial Court · 1889
3Cited by9 opinions
- Warner v. Mayor of TauntonMassachusetts Supreme Judicial Court · 1925
- Inhabitants of Winthrop v. New England Chocolate Co.Massachusetts Supreme Judicial Court · 1902
- Selectmen of Gardner v. Templeton Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Attorney General v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1923
- Town of Dartmouth v. SilvaMassachusetts Supreme Judicial Court · 1950
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