150 Mass. 489 | Mass. | 1890
A petition dated in February, 1876, was presented to the county commissioners of the county of Norfolk for the relocation of Walnut Street as a county road, and the town of Wellesley, under an order or decree made by them on March 22, 1887, constructed the road as relocated. The respondent contended, at the trial, that the land claimed by the petitioners had already been taken, by virtue of an earlier location by the county commissioners made on July 17, 1876. It was admitted at the trial that the lines of the location of 1876 included the greater portion of the land now claimed by the petitioners which is included in the relocation of 1887. Walnut Street was in existence prior to 1876, and in that year an order was passed to widen it, defining the new boundaries. The respondent’s bill of exceptions states that “it was admitted at the trial that stone bounds were placed on the southerly line of the location of 1876 by one Fuller, the engineer of the county
The judge at the trial assumed, that the order of the county commissioners in 1876 amounted to a laying out or alteration of the way, within that statute. Exceptions overruled.