Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 62 (2026)

Highway surveyor; duties

✓ current as of July 2026

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Section 62. If a highway surveyor be chosen, he shall have the exclusive control of the ordinary repair of public ways in his town without being subject to the authority of the selectmen. If more than one highway surveyor be chosen, the selectmen shall annually, before May first, assign to each surveyor the limits and divisions of the ways to be kept in repair by him.

Notes of Decisions

Cited in 3 cases, 1928–2009 · leading case: Lemasurier v. Town of Pepperell, 405 N.E.2d 1006 (Mass. App. Ct. 1980).

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Lemasurier v. Town of Pepperell, 405 N.E.2d 1006 (Mass. App. Ct. 1980). · cites it 2× “208, 213-214 (1977); G. L. c. 41, § 62. That rule shielded the town from liability for a public officer’s negligence, see Pratt v.”

Twombly v. Billerica, 159 N.E. 630 (Mass. 1928). “The salient allegations in the bill are that the town of Billerica at a town meeting authorized general repairs to be done on designated portions of three separate roads, made a certain and separate appropriation for each of the three roads, and that thereby under G. L. c. 41, §…”

Sisson v. Apbert, 25 Mass. L. Rptr. 459 (Mass. Super. Ct. 2009). “G.L.c. 41, §62. “If a highway surveyor be chosen, he shall have the exclusive control of the ordinary repair of public ways in his *460 town without being subject to the authority of the selectmen.”

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