Commonwealth v. County Commissioners of Berkshire
Commonwealth v. County Commissioners of Berkshire
Opinion of the Court
The objection to the notice of the meeting of the commissioners cannot prevail.
The commissioners had no jurisdiction over a town way, but the imperfect description of the subject of their proceedings is not essential, if they had a right to act. It is admitted that there was a county road at each terminus, and the prayer was,
As to there being no notice of the location and assessment of damages ; the commissioners went to view the route pursuant to notice given by them, and having adjudged the road to be of common convenience and necessity, they adjourned to an appointed time and place for the purpose of locating it and assessing damages. As the location and assessment of damages were to be made by the same body which viewed and adjudged the road to be of common convenience and necessity, a new notice was not required.
Proceedings affirmed.
See New Vineyard v. Somerset, 15 Maine R. (3 Shepley,) 22.
See Revised Slat. 24, § 6; Rutland v. County Comm, of Worcester, 20 Pick. 71.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.