Bennett v. Wellesley
Massachusetts Supreme Judicial Court
Fobty petitions against the town of Wellesley and the-county of Norfolk for the assessment of damages for takings-of land and changing of grade for the widening of Worcester-Street between its termini in the town of Wellesley. In the Superior Court the cases were heard by Aiken, C. J. solely to determine which of the respondents was liable for the damages resulting from the orders of the county commissioners in regard to Worcester Street and the acts done under those orders.
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Fobty petitions against the town of Wellesley and the-county of Norfolk for the assessment of damages for takings-of land and changing of grade for the widening of Worcester-Street between its termini in the town of Wellesley. In the Superior Court the cases were heard by Aiken, C. J. solely to determine which of the respondents was liable for the damages resulting from the orders of the county commissioners in regard to Worcester Street and the acts done under those orders. The chief justice ruled that the town of Wellesley was-liable, and ordered that the petitions be dismissed as to…
1Opinion of the CourtHammond, J.
The only question is whether in passing the decree ordering the changes in Worcester Street the county commissioners were acting under the first section of R. L. c. 48, or under the twelfth section. If under the first, the land damages must be paid by the county; if under the twelfth, by the town, as ordered. This question arose in Livermore v. County of Norfolk, 186 Mass. 133, upon a demurrer to a petition for damages for land taken under this same decree ; and upon the case as there presented it was held that the decree was made under the first section. But no part of the record as such was…
2Cases cited8 opinions
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- Haven v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1892
- Inhabitants of Gloucester v. County CommissionersMassachusetts Supreme Judicial Court · 1875
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1903
- Inhabitants of Watertown v. County Commissioners of MiddlesexMassachusetts Supreme Judicial Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boykin v. State Highway DepartmentSupreme Court of South Carolina · 1928
- Main v. County CommissionersMassachusetts Supreme Judicial Court · 1912
- Directors of the Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1922
- L'Homme v. Town of WinchendonMassachusetts Supreme Judicial Court · 1934
- Holbrook v. Selectmen of DouglasMassachusetts Supreme Judicial Court · 1908
2 more not listed; retrieve them via the Exa API.