Huggans v. Riley

This action is brought by a citizen and tax-payer of the town of Lexington, pursuant to section 1925 of the Code of Civil Procedure, to restrain the defendant, the commissioner of highways of that town, from erecting a bridge. The ground of the action is that, as alleged, the bridge had not been legally located at the point where the commissioner was in the act of constructing it. It is plainly not within the power of this court to consider whether the place selected by the commissioner is or is not the best possible. The position taken by the plaintiff and by the learned justice at special…