Inhabitants of Dartmouth v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the county commissioners of Bristol respecting the laying out and acceptance of a town way. The case was reserved by Holmes, J., for the consideration of the full court, and was, so far as material to the points decided, as follows.
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Petition for a writ of certiorari to quash the proceedings of the county commissioners of Bristol respecting the laying out and acceptance of a town way. The case was reserved by Holmes, J., for the consideration of the full court, and was, so far as material to the points decided, as follows. An application was duly made by Charles Tucker and others to the selectmen of the town of Dartmouth “ to lay out and establish as a public highway an extension of Hawthorne Street, New Bedford, from the town line westerly to the so called Ryder or Slocum Road.” The report and certificate of the…
1Opinion of the CourtW. Allen, J.
1. The county commissioners had authority to allow the amendment. New Marlborough v. County Commissioners, 9 Met. 423. Winchester v. County Commissioners, 114 Mass. 481.
2. The fact that the application to the selectmen was to lay out a public highway, does not avoid the proceedings. The selectmen exercised their authority, which was to lay out a town way. They called it a way. It was a public highway, laid out by the selectmen of a town, which is a town way. Jones v. Andover, 6 Pick. 59. Denham v. County Commissioners, 108 Mass. 202.
3. A legal and sufficient report and certificate of the…
2Cases cited3 opinions
- Denham v. County CommissionersMassachusetts Supreme Judicial Court · 1871
- Inhabitants of Winchester v. County CommissionersMassachusetts Supreme Judicial Court · 1874
- Carr v. Inhabitants of BerkleyMassachusetts Supreme Judicial Court · 1888
3Cited by1 opinion
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917