Inhabitants of Dartmouth v. County Commissioners , 153 Mass. 12 ( 1891 )


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  • W. Allen, J.

    1. The county commissioners had authority to allow the amendment. New Marlborough v. County Commissioners, 9 Met. 423. Winchester v. County Commissioners, 114 Mass. 481.

    2. The fact that the application to the selectmen was to lay out a public highway, does not avoid the proceedings. The selectmen exercised their authority, which was to lay out a town way. They called it a way. It was a public highway, laid out by the selectmen of a town, which is a town way. Jones v. Andover, 6 Pick. 59. Denham v. County Commissioners, 108 Mass. 202.

    3. A legal and sufficient report and certificate of the laying out of the way was filed in the office, of the town clerk seven days before the town meeting, and was a sufficient report to the town of the laying out. Pub. Sts. c. 49, § 71. Carr v. Berkley, 145 Mass. 539. It was not necessary to return that no damages were sustained by any one. Monagle v. County Commissioners, 8 Cush. 360.

    4. A majority of the selectmen could act; but it appears that they all acted.

    We do not find any error in the proceedings of the county commissioners. Petition dismissed.

Document Info

Citation Numbers: 153 Mass. 12, 26 N.E. 425, 1891 Mass. LEXIS 198

Judges: Allen

Filed Date: 1/8/1891

Precedential Status: Precedential

Modified Date: 10/18/2024