Gilkey v. Inhabitants of Watertown
Massachusetts Supreme Judicial Court
Bill in equity, filed January 16, 1883, to restrain the defendant, its agents and servants, from constructing a wall upon the plaintiff’s land, and from cutting off any of his buildings, land, or fences, or interfering with the same, and from proceeding with the construction of a highway as relocated in 1873, the said relocation being alleged to be without due authority of law.
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Bill in equity, filed January 16, 1883, to restrain the defendant, its agents and servants, from constructing a wall upon the plaintiff’s land, and from cutting off any of his buildings, land, or fences, or interfering with the same, and from proceeding with the construction of a highway as relocated in 1873, the said relocation being alleged to be without due authority of law. The case was heard by Field, J. on the pleadings and the report of a master, and was reserved for the consideration of the full court, such decree to be entered as justice might require. The facts appear in the opinion.
1Opinion of the Court
Morton, G. J.
It is doubtful whether a bill of this character can be maintained against a town; but the parties have agreed *318that the bill may be regarded and treated as amended so as to be a bill to restrain the officers and agents of the defendant town from entering upon the plaintiff’s land and appropriating it for a highway. Thus treating it, we proceed to consider the case upon its merits.
In June, 1873, the county commissioners, upon the petition of the town of Watertown, relocated Arsenal Street in the said town, the location including in the highway the land of the plaintiff which is in…
2Cases cited3 opinions
- Brimmer v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Taber v. City of New BedfordMassachusetts Supreme Judicial Court · 1883
- Blake v. County CommissionersMassachusetts Supreme Judicial Court · 1874
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- Schmidt v. City of RichmondSupreme Court of Virginia · 1965
- Bowditch v. Superintendent of StreetsMassachusetts Supreme Judicial Court · 1897
- Foley v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Babcock v. SlaterMassachusetts Supreme Judicial Court · 1912
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