Denham v. County Commissioners
Massachusetts Supreme Judicial Court
Petition filed July 5, 1871, by the heirs of Calvin Denham, for a writ of certiorari to quash proceedings of the county commissioners of Bristol laying out a private way across their land under the Gen. Sts. c. 43, §§ 59, 67.* Hearing before Ames, J., who reported the following case for the. determination of the full court.
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Petition filed July 5, 1871, by the heirs of Calvin Denham, for a writ of certiorari to quash proceedings of the county commissioners of Bristol laying out a private way across their land under the Gen. Sts. c. 43, §§ 59, 67.* Hearing before Ames, J., who reported the following case for the. determination of the full court. On July 23, 1870, Denham’s heirs owned a tract of land in Somerset, adjoining the messuage of William L. Slade upon one side, and upon the opposite side adjoining a highway. On the day named, Slade petitioned the selectmen to lay out a private way, beginning at a point…
1Opinion of the CourtAmes, J.
The petitioners contend that the way in this case is
proposed to be laid out expressly for the use of a single individual, and not for any public use; that the effect and purpose of the entire proceedings must be to compel them to sell an easement in their land to that individual for his private use; and that such a proceeding is in conflict with the tenth article of the Declaration of Rights, according to which private property can only be taken by public authority for public use.
It is true that ways of this description are denominated “ private ways,” and that the Gen. Sts. c. 43, § 59,…
2Cited by30 opinions
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