Sexton v. Inhabitants of North Bridgewater
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking of land by the respondent to lay out a town way by widening and straightening a private way extending from Main to MonteHo street in North Bridgewater.
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Petition to the county commissioners for a jury to assess damages for the taking of land by the respondent to lay out a town way by widening and straightening a private way extending from Main to MonteHo street in North Bridgewater. At the trial before a sheriff’s jury, evidence was introduced to prove that a worked passage way passing the petitioner’s land from Montello Street to Main Street, and more or less used by the petitioner and other abutters, had existed for about twelve years previous to the laying out of the town way; that the town way in question was laid out over this passage…
1Opinion of the CourtGray, C. J.
The questions presented by this case are mora numerous than novel or difficult.
1. The betterment act of 1871, c. 882, § 1, does not repeal § 16 of the highway act, Gen. Sts. c. 43, but expressly recognizes it as still in force. Green v. Fall River, 113 Mass.
2. The proceedings of the selectmen are alleged in the petition to the county commissioners for a jury to have been for the alteration of a town way; the trial was by a sheriff’s jury, and the verdict was certified to and accepted by the Superior Court accordingly. Having been treated by that court as proceedings under the highway act,…
2Cases cited3 opinions
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