Legal Opinion

Commonwealth v. Inhabitants of Westborough

Massachusetts Supreme Judicial Court

Decided November 15, 1807PublishedCited by 38 opinions

This was a certiorari to remove the proceedings of the Court of Sessions for the county of Worcester, relative to an alteration of a highway in the town of Westborough.

1Opinion of the CourtParsons, C. J.

In the argument of this cause, observations were made that the alteration of the way established by these proceedings was unnecessary, and that the damages were unreasonable These are questions of which this Court has no jurisdiction ; it belongs exclusively to the Sessions to decide whether the alteration prayed for, is, or is not, of common necessity and convenience. And the damages must be assessed by the locating committee, subject to the control of a jury, which the Sessions are obliged to direct the sheriff to summon at the request of the party aggrieved. The only question before us on…

2Cases cited1 opinion

  1. Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810

3Cited by38 opinions

  1. Boody v. WatsonSupreme Court of New Hampshire · 1886
  2. Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
  3. Bigelow v. BallerinoCalifornia Supreme Court · 1896
  4. Stacey v. Vermont Central RailroadSupreme Court of Vermont · 1854
  5. Canton Co. v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1904

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