Legal Opinion

Inhabitants of Scituate v. Inhabitants of Weymouth

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 19 opinions

Exceptions to a determination and decree reported to this court by commissioners under the St. of 1870, c. 265. The St. of 1862, c. 177, in § 1 laid out the turnpike and bridges of the Hingham and Quincy Bridge and Turnpike Corporation, in the towns of Quincy, Weymouth and Hingham, as a public highway on and after July 4,1862, and in § 2 imposed upon those towns respectively the maintenance of so much of it as lay in their limits, excluding the abutments, bridges, draws and…

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Exceptions to a determination and decree reported to this court by commissioners under the St. of 1870, c. 265. The St. of 1862, c. 177, in § 1 laid out the turnpike and bridges of the Hingham and Quincy Bridge and Turnpike Corporation, in the towns of Quincy, Weymouth and Hingham, as a public highway on and after July 4,1862, and in § 2 imposed upon those towns respectively the maintenance of so much of it as lay in their limits, excluding the abutments, bridges, draws and piers. By § 3 it provided for the appointment of commissioners by this court to determine and decree, among other…

1Opinion of the Court

MOETOíT, J.

We are of opinion that none of the objections made by the town of Weymouth to the award of the commissioners in this case can be sustained.

It is too well settled to be disputed, that it is within the cor, stitutional power of the legislature to make laws for the construe tian, support and maintenance of roads and bridges, and for the distribution among the counties and towns of the burdens of maim taining them; and this power may be exercised by the legislature, in its discretion, either by general or special laws. It is clear also, that it is competent for the legislature to…

2Cases cited2 opinions

  1. Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
  2. Salem Turnpike & Chelsea Bridge Corp. v. County of EssexMassachusetts Supreme Judicial Court · 1868

3Cited by19 opinions

  1. Washer v. Bullitt CountySupreme Court of the United States · 1884
  2. City of Boston v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1921
  3. KingmanMassachusetts Supreme Judicial Court · 1891
  4. State ex rel. Bulkeley v. WilliamsSupreme Court of Connecticut · 1896
  5. Simon v. NorthupOregon Supreme Court · 1895

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