Driscoll v. City of Taunton
Massachusetts Supreme Judicial Court
Petition, for the assessment of damages for the construction and maintenance of a drain over the land of the petitioner by the board of health of the city of Taunton. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The respondent filed a motion to dismiss the petition, on the ground that the Superior Court did not have jurisdiction. The motion was overruled, and the respondent excepted.
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Petition, for the assessment of damages for the construction and maintenance of a drain over the land of the petitioner by the board of health of the city of Taunton. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The respondent filed a motion to dismiss the petition, on the ground that the Superior Court did not have jurisdiction. The motion was overruled, and the respondent excepted. It appeared in evidence that the board of health of the respondent city, acting under the provisions of Pub. Sts. c. 80, §§ 28-33, on May 6, 1891, on…
1Opinion of the CourtLathrop, J.
1. The first question in this case arises on the motion to dismiss the petition on the ground that the Superior Court had no jurisdiction of the matter. This question is also raised by a request for a ruling.
It was the duty of the board of health, if in its opinion any damages were sustained by the petitioner, to estimate such damages. Pub. Sts. c. 80, § 30. Its return, therefore, under | 33, to the city clerk, which mentioned no damages, must be taken as a determination on its part that no damages were sus*493tained. Monagle v. County Commissioners, 8 Cush. 360. See also North Reading v. County…
2Cases cited7 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Providence & Worcester Railroad v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Bell v. City of BostonMassachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Howland v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1918
- Frost Coal Co. v. City of BostonMassachusetts Supreme Judicial Court · 1927
- Boston Water Power Co. v. City of BostonMassachusetts Supreme Judicial Court · 1907
- Hafey v. CommonwealthMassachusetts Supreme Judicial Court · 1905
- Estes v. City of NewtonMassachusetts Supreme Judicial Court · 1922
1 more not listed; retrieve them via the Exa API.