Thurlow v. Welch

The plaintiff seeks to recover for personal injuries alleged to have been sustained while walking in an alleyway, in Boston, upon which the defendants’ building abuts. The plaintiff agreed that the city had not laid out the alleyway as a public highway. There was evidence that there was no record that it was a public way, that for forty-seven years the street laying out department of Boston had not exercised any jurisdiction over it, and that if it had been dedicated to public use prior to 1846 (see St. 1846, c. 203, *221G. L. [Ter. Ed.] c. 84, §§ 23, 24) and accepted by the city, this would…