Inhabitants of Blackstone v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to be directed to the county commissioners of this county, ordering them to return into this court the record of their doings in laying out a road in Blackstone as a public highway, in order that the same might be quashed. The case was reserved by Gray, J., on the petition and. answer, for the determination of the full court, and is stated in the opinion.
1Opinion of the CourtChapman, C. J.
A distinction has been made in our statutes, from very early times, between highways and town ways. As this distinction is clearly marked in the General Statutes, it is not necessary to trace its early history. We have to consider, in this case, in what the distinction consists.
It is not contended that it consists in the fact that the termini of the way are within the same town, for the county commissioners are authorized to lay out a highway “ from place to place within the same town,” as well as from town to town. Gen. Sts. c. 43, § 1. And this is not a novel jurisdiction, but very ancient.…
2Cited by5 opinions
- Taft v. CommonwealthMassachusetts Supreme Judicial Court · 1893
- Walker v. City of MedfordMassachusetts Supreme Judicial Court · 1930
- Boston & Albany Railroad v. City of BostonMassachusetts Supreme Judicial Court · 1885
- Inhabitants of Watertown v. County Commissioners of MiddlesexMassachusetts Supreme Judicial Court · 1900
- Denman v. County of BarnstableMassachusetts Supreme Judicial Court · 1963