Inhabitants of Easthampton v. County Commissioners of Hampshire
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the county commissioners of Hampshire in laying out a town way, upon the refusal of the road commissioners of Easthamp-. ton so to do. Knowlton, J. reserved the case for the consideration of the full court. The case appears in the opinion.
1Opinion of the CourtHolmes, J.
The short question before us is whether county commissioners can take a strip of land from a schoolhouse lot for a town way. Taking the strip will injure the lot considerably for school purposes, but will not prevent its use, so far as appears. We must assume that the way is necessary, and, if it be material, we must assume that taking this strip is reasonably *425necessary for the way, whoever may be the final judge on the latter question when it is raised.
The case thus presented lies in the doubtful region between two extremes which are free from doubt. Ordinarily, a highway or railroad could…
2Cases cited9 opinions
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Evergreen Cemetery Ass'n v. City of New HavenSupreme Court of Connecticut · 1875
- Boston & Maine Railroad v. Lowell & Lawrence RailroadMassachusetts Supreme Judicial Court · 1878
- Wood v. Macon & Brunswick RailroadSupreme Court of Georgia · 1882
- Rominger v. SimmonsIndiana Supreme Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Town of Bedford v. United StatesCourt of Appeals for the First Circuit · 1927
- Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929
- City of Boston v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1892
- Town of Needham v. County CommissionersMassachusetts Supreme Judicial Court · 1949
- In re Certain Land in LawrenceDistrict Court, D. Massachusetts · 1902
9 more not listed; retrieve them via the Exa API.