Page v. City of Boston
Massachusetts Supreme Judicial Court
Petition for the assessment of damages occasioned to the petitioner’s land by the raising of the grade of First Street in Boston.
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Petition for the assessment of damages occasioned to the petitioner’s land by the raising of the grade of First Street in Boston. At the trial in the superior court, before Pitman, J., the following facts appeared : In June 1868, at which time the land in respect to which damages were claimed belonged to William Everett, the board of aldermen of the city of Boston passed an order to pave First Street; the owners of lands abutting thereon, including Everett, were notified to furnish curbstones and pave the sidewalks in front of their respective estatesand Everett furnished the required…
1Opinion of the CourtMorton, J.
The decision of the question raised in this case depends upon the construction to be given to the Gen. Sts. c. 44, § 19 *
In Brown v. Lowell, 8 Met. 172, the question arose as to the construction of the Rev. Sts. c. 25, § 6, the provisions of which are substantially like those of the General Statutes above referred to. It was there held, that the owner of land adjoining a highway or town way is not entitled to damages sustained by reason of any raising, lowering or other act done for the purpose of repairing such way, until the act of repairing it is done. In the opinion, Shaw, C. J., says: “…
2Cited by4 opinions
- Blair v. City of CharlestonWest Virginia Supreme Court · 1896
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- Sullivan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1887
- Sather v. City of DuluthSupreme Court of Minnesota · 1913