Commonwealth v. Inhabitants of Roxbury
Cases that cite this one
5 later published cases cite this decision.
- Strawberry Hill 4 Wheelers v. Board of Commissioners (Or. 1979)
- Town of Clearmont v. State Highway Commission (Wyo. 1960)
- MacDonald v. Board of Street Commissioners (Mass. 1929)
- Vedder v. Marion County (Or. 1894)
- Foster v. Jones (Mass. 1818)
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 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 consequence of the laying out of the turnpike, the way had become useless; and they were certainly competent to draw this conclusion. The respondents can take nothing by their writ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.