Commonwealth v. Carpenter
Cases that cite this one
12 later published cases cite this decision.
- New Haven & Northampton Co. v. Inhabitants of Northampton (Mass. 1869)
- Shriners' Hospital for Crippled Children v. Boston Redevelopment Authority (Mass. App. Ct. 1976)
- City of St. Albans v. Avery (Vt. 1921)
- Alger v. City of Boston (Mass. 1897)
- Fraser v. District of Columbia (D.C. 1889)
- Dickinson v. Amherst Water Co. (Mass. 1885)
- Gifford v. Inhabitants of Dartmouth (Mass. 1880)
- Williams v. City of Taunton (Mass. 1879)
- Hurlbut v. Wilcox (Wis. 1865)
- Davis v. Curtis (Iowa 1850)
- State v. Harvey (Superior Court of New Hampshire 1824)
- Commonwealth v. Blue-Hill Turnpike Corp. (Mass. 1809)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The statute giving costs to the party prevailing in civil actions does not extend to proceedings of this kind. The silence of the statutes for regulating the method of laying out highways, in respect to the payment of costs by a party who rests satisfied with the report of the committee, is very reasonable. It would, without doubt, be inequitable to mulct him in costs, for what, at most, must be considered as a mistake in judgment of a committee, in whose appointment he had no voice, and over whose inquiries or report he had no control. But there is no provision of law authorizing him to recover costs.
The proceedings of the Sessions in this case must, therefore, be quashed, so far as they relate to the taxing of costs for the respondent against the corporation, and affirmed as to the rest.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.