Inhabitants of Brookfield v. Reed
Massachusetts Supreme Judicial Court
Contract, against Hammond Reed and Curlys Lyon, for breach of a bond in the penal sum of $1,000, dated October 3, 1852, signed by them, and by others who are deceased, and given to the plaintiff town, the condition of which was as follows : “ The condition of this obligation is such, that whereas the inhabitants of the town of Brookfield have' by their vote agreed and consented that Abel W. Reed, Curlys Lyon, and Micah T. Reed, and Hammond Reed may raise the road and…
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Contract, against Hammond Reed and Curlys Lyon, for breach of a bond in the penal sum of $1,000, dated October 3, 1852, signed by them, and by others who are deceased, and given to the plaintiff town, the condition of which was as follows : “ The condition of this obligation is such, that whereas the inhabitants of the town of Brookfield have' by their vote agreed and consented that Abel W. Reed, Curlys Lyon, and Micah T. Reed, and Hammond Reed may raise the road and abutments of the bridge in East Brookfield on the road leading from the depot of the Western Railroad to Podunk not exceeding…
1Opinion of the CourtW. Allen, J.
Certain specific repairs, consisting of raising the grade of the road, were ordered in a town way in the plaintiff town. The exceptions state that no question was made in regard to the regularity and legality of the proceedings in raising the road. The defendants undertook to make and maintain the repairs, and gave the bond in suit to the town, with condition that they would raise the road and keep the raised part in repair free of expense to the town forever. It is objected that the contract is illegal, because by it the town has deprived itself of the control and regulation of the way. But…
2Cases cited5 opinions
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Waldron v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Deane v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1882
- Sullivan v. City of HolyokeMassachusetts Supreme Judicial Court · 1883
- Inhabitants of Arlington v. CutterMassachusetts Supreme Judicial Court · 1874
3Cited by9 opinions
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Inhabitants of Southborough v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1924
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