Warner v. City of Pittsfield
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on August 7, 1917, under R. L. c. 51, §§ 15, 16, by the owner of a parcel of real estate on King Street in Pittsfield for the assessment by a jury of his damages caused by acts done by the respondent for the purpose of repairing King Street.
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Petition, filed in the Superior Court on August 7, 1917, under R. L. c. 51, §§ 15, 16, by the owner of a parcel of real estate on King Street in Pittsfield for the assessment by a jury of his damages caused by acts done by the respondent for the purpose of repairing King Street. The respondent filed a plea in abatement as follows: “And the respondent comes and says that there is now pending a prior suit, petition or proceeding between the same parties for the same'cause of action set forth herein, said prior pending action being No. 3804 in this court, or if same has gone to judgment that…
1Opinion of the CourtRugg, C. J.
This is an application under R. L. c. 51, § 16, by the owner of land abutting on a public way for the assessment of damages caused by the making of repairs thereon.
The material facts are that an earlier petition for the assessment of damages arising from this same cause was filed in the Superior Court and came on for trial in April, 1917. The judge then ruled that in such a proceeding “a certain notice” must be given to the mayor and aldermen and that the “actual notice which was given in this case was not a proper notice, and therefore this suit *140is not properly brought.” It was agreed that…
2Cases cited7 opinions
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- Bar Ass'n v. CaseyMassachusetts Supreme Judicial Court · 1917
- City of Worcester v. Lakeside Manufacturing Co.Massachusetts Supreme Judicial Court · 1899
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3Cited by6 opinions
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
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- Sullivan v. JordanMassachusetts Supreme Judicial Court · 1941
- Farnum v. BradyMassachusetts Supreme Judicial Court · 1929
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