Commonwealth v. Inhabitants of Gloucester
Massachusetts Supreme Judicial Court
Indictment, in the Superior Court, alleging that a certain cove, bay and. arm of the sea, known as Goose Cove, in Gloucester, is and from the time whereof the memory of man runneth not to the contrary has been navigable to and from the open sea, and the tides have ebbed and flowed therein; that the inhabitants of Gloucester in their corporate capacity on January 1,1867, and on divers other lays and times since, “ with force and arms at Gloucester afore* said, unlawfully,…
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Indictment, in the Superior Court, alleging that a certain cove, bay and. arm of the sea, known as Goose Cove, in Gloucester, is and from the time whereof the memory of man runneth not to the contrary has been navigable to and from the open sea, and the tides have ebbed and flowed therein; that the inhabitants of Gloucester in their corporate capacity on January 1,1867, and on divers other lays and times since, “ with force and arms at Gloucester afore* said, unlawfully, wilfully and injuriously did erect and place and set up in, upon and across said Goose Cove and over the navigable waters…
1Opinion of the CourtWells, J.
Assuming, for the purposes of this case, that the Sts. of 1830, e. 79, and 1831, e. 59, are so far public acts that they need not be set out by plea, yet we are of opinion that the demurrer presents no question of law which can defeat the indictment.
1. It does not appear that the county commissioners ever laid out a highway, in pursuance of the authority given them by the first of those acts. The second act does not, in terms, recite such location as a fact accomplished; neither is it to be so taken, as a legal inference, from the language of the proviso that the erections “ do not obstruct…
2Cited by15 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- Bearce v. BowkerMassachusetts Supreme Judicial Court · 1874
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