Wales v. Stetson
Massachusetts Supreme Judicial Court
The declaration was in trespass, and contained two counts. The first was for passing the turnpike-gate without payment of the legal toll; and the second was for cutting down the gate.
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The declaration was in trespass, and contained two counts. The first was for passing the turnpike-gate without payment of the legal toll; and the second was for cutting down the gate. The parties submitted the cause to the Court on a statement of facts, in substance as follows: — That the corporation were duly authorized by law to make the road, and, when made and approved by the Court of Sessions for the county of Norfolk, to erect a gate thereon, near the dwelling-house of Joseph Hunt; that the road was so made and approved; that, by the act of incorporation, “ If any person shall cut,…
1Opinion of the Court
* The opinion of the Court was delivered by [ * 146 ]
Parsons, C. J.
After considering the several points made in this cause by the counsel, we are satisfied that the question submitted must be decided according to the legal construction of the act incorporating the proprietors of this turnpike. We are not prepared to deny a right in the General Court to discontinue, by statute, a public highway. It is an easement common to all the citizens who are represented in the legislature. The authorizing of the erection of bridges over navigable waters is, in fact, an exercise of a . similar right. We…
2Cases cited2 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
3Cited by49 opinions
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- Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
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