Commonwealth v. Inhabitants of Roxbury
Massachusetts Supreme Judicial Court
This was a certiorari to the Common Pleas of the county of Norfolk, brought by the inhabitants of Roxbury, to obtain a reversal of an order of that court, which was passed on the petition of Joseph Williams, for the discontinuance of a certain highway in said Roxbury.
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This was a certiorari to the Common Pleas of the county of Norfolk, brought by the inhabitants of Roxbury, to obtain a reversal of an order of that court, which was passed on the petition of Joseph Williams, for the discontinuance of a certain highway in said Roxbury. The petition for the discontinuance alleged that, by the laying out of the Norfolk and Bristol Turnpike, a small section of a road from Roxbury street to Dorchester, which passed over land of the petitioner, had been rendered useless, and thereupon prayed for its discontinuance. . The Common Pleas, after notice to the town of…
1Opinion of the Court
By the Court.
The adjudication of the Common Pleas substantially conforms to the provision of the statute. The expression, that the road in question had become useless, has certainly as great strength, and is of as extensive import, as the expression used in the statute.
As to the second exception, the Court will not go into the ques- , tian of the expediency or inexpediency of the discontinuance. That belongs wholly to the court below. But it may be observed, that the Common Pleas did not, in the case before us, discontinue the way merely because the turnpike had been laid out; but, because in…
2Cited by8 opinions
- Strawberry Hill 4 Wheelers v. Board of CommissionersOregon Supreme Court · 1979
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- MacDonald v. Board of Street CommissionersMassachusetts Supreme Judicial Court · 1929
- Town of Clearmont v. State Highway CommissionWyoming Supreme Court · 1960
- Foster v. JonesMassachusetts Supreme Judicial Court · 1818
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