Bean v. Inhabitants of Hyde Park
Massachusetts Supreme Judicial Court
Contract to recover $975, for labor performed and materials furnished to the defendant, within the limits of River Street, in Hyde Park, as relocated by the county commissioners.
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Contract to recover $975, for labor performed and materials furnished to the defendant, within the limits of River Street, in Hyde Park, as relocated by the county commissioners. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: It was admitted that H. C. Stark, S. B. Balcom, and A. H. Brainerd were duly chosen and qualified as selectmen and highway surveyors of Hyde Park, for the year 1881; that said selectmen did not in .1881, “ before the first day of May, assign in writing to each surveyor the limits and divisions of the highways…
1Opinion of the CourtMorton, C. J.
We assume, for the purposes of this case, that the county commissioners of Norfolk, in 1873, relocated River Street in the town of Hyde Park, and determined that the town should construct the way, within three years, according to the location. It became the duty of the town to construct *247the way according to the order of the commissioners, and, if it did not do so, the commissioners could cause the way to be completed, pay for it out of the county treasury, and issue a warrant against the town for the collection of the expense. Pub. Sts. c. 49, §§ 60, 61. But the selectmen, or highway…
2Cases cited1 opinion
- Clark v. Inhabitants of RussellMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
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- Tuckerman v. MoynihanMassachusetts Supreme Judicial Court · 1933
- Wood v. Inhabitants of ConcordMassachusetts Supreme Judicial Court · 1929
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