97 Mass. 472 | Mass. | 1867
We entertain no doubt that the plaintiff owned the land to the centre of the street. By the doctrine now established, such is the presumption wherever a deed bounds an estate by or on a public or private way, unless a contrary intent appears on the face of the instrument. Boston v. Richardson, 13 Allen, 146. He bad therefore sufficient title to maintain this action, unless the acts of the defendant were justifiable. We assume that the powers of the superintendent of streets in the city of Taunton are coextensive with those of an ordinary surveyor of highways. Such officers, by the Gen. Sts. c. 44, § 8, may, with certain exceptions, “ cut down or lop off trees and bushes, and dig up and remove whatever obstructs or encumbers a highway or town way, or hinders, incommodes or endangers persons travelling thereon.” The exception material to the present question is that of c. 46, § 6, which provides that “ the mayor and aldermen, selectmen or any municipal officer of a city or town