Commonwealth v. City of Newburyfort
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 44, § 24, found and returned at January term 1869 of the superior court, and averring that, m November 1, 1868, and from that time to the time of the finding of the indictment, there bad been, and still was, a highway in Newburyport,' leading from that city into the town of Salisbury; “ and that a certain part of the same highway, situate, lying and being within the city of Newburyport aforesaid, to wit, so much of said highway as is covered by…
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Indictment on the Gen. Sts. c. 44, § 24, found and returned at January term 1869 of the superior court, and averring that, m November 1, 1868, and from that time to the time of the finding of the indictment, there bad been, and still was, a highway in Newburyport,' leading from that city into the town of Salisbury; “ and that a certain part of the same highway, situate, lying and being within the city of Newburyport aforesaid, to wit, so much of said highway as is covered by the bridge known and called by the name of the Newburyport Bridge, and as lies southerly of a line drawn three quarters…
1Opinion of the Court
Wells, J.*
The St. of 1867, c. 296, authorized, and that of 1868, c. 309, § 8, required, the Newburyport bridge over tide water, between Newburyport and Salisbury, to be made a highway. The county commissioners, acting under that authority and direction, have laid it out “ as and for a public highway.” The result of these proceedings, if legal and properly conducted, is, to impose upon the city of Newburyport and the town of Salisbury the obligation to maintain and keep in repair so much of this bridge as lies within their respective limits, if “ other provision is not made therefor.” Gen.…
2Cited by14 opinions
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