Inhabitants of Braintree v. County Commissioners of Norfolk
Massachusetts Supreme Judicial Court
This was a petition for a writ of certiorari, in which the petitioners alleged that the county commissioners for this county, at their meeting in June, 1851, adjudged that common convenience and necessity required the whole of the Braintree and Weymouth turnpike, in the towns of Braintree, Quincy and Weymouth, to be laid out as a public highway; that on the 15th of August, 1851, they located the turnpike as a oublic highway through the towns of Braintree, Quincy and…
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This was a petition for a writ of certiorari, in which the petitioners alleged that the county commissioners for this county, at their meeting in June, 1851, adjudged that common convenience and necessity required the whole of the Braintree and Weymouth turnpike, in the towns of Braintree, Quincy and Weymouth, to be laid out as a public highway; that on the 15th of August, 1851, they located the turnpike as a oublic highway through the towns of Braintree, Quincy and Weymouth, by certain metes and bounds, particularly set forth in the record of the commissioners; that the respondents had…
1Opinion of the Court
Fletcher, J.*
It appears by the record of the laying out of the road, in this case, that the town of Braintree is required *548by the commissioners, as a part of the laying out, to employ an agent to tend the draw in the bridge over the Iron Works river, so called, in Braintree, and to keep lamps therein lighted, in the same way and manner as is provided in the act incorporating the Braintree and Weymouth turnpike corporation.
The commissioners surely had no authority to impose this burden on the town. Towns cannot be required to do any more, in regard to roads, than they are required by statute to…
2Cited by2 opinions
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