Clark v. Commonwealth

Massachusetts Supreme Judicial Court

Clark v. Commonwealth

21 Mass. 125

CourtMassachusetts Supreme Judicial Court

DecidedOctober 9, 1826

StatusPublished

This text of 21 Mass. 125 (Clark v. Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Commonwealth, 21 Mass. 125 (Mass. 1826).

Pincite

Opinion

Per Curiam.

This being a proceeding not according to

the course of the common law, certiorari lies.¹

By “the travelled part” of the road, is intended that part which is usually wrought for travelling. A traveller is not obliged, because a track happens to have been made on one side of the part so wrought, to turn to the right of the centre of this track. If he turns to the right of the centre of the wrought part, so that there is room on the wrought part for the other traveller to pass, it is sufficient, and the penalty is not incurred.

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Per Curiam.

This being a proceeding not according to

the course of the common law, certiorari lies.¹

By “the travelled part” of the road, is intended that part which is usually wrought for travelling. A traveller is not obliged, because a track happens to have been made on one side of the part so wrought, to turn to the right of the centre of this track. If he turns to the right of the centre of the wrought part, so that there is room on the wrought part for the other traveller to pass, it is sufficient, and the penalty is not incurred.

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Bluebook (online)

21 Mass. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-commonwealth-mass-1826.