Commonwealth v. Noxon
Massachusetts Supreme Judicial Court
Indictment for a nuisance, in Main Street, in Great Barring-ton. In the Superior Court, before Rockwell, J., the facts were agreed to be substantially as follows : ¡The alleged nuisance was the dwelling-house of the defendants, which stood, at the time of the finding of the indictment, where it had always stood, since it was built about twenty-seven years before, and during all this time it had been uninterruptedly occupied by the defendants, or their tenants.
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Indictment for a nuisance, in Main Street, in Great Barring-ton. In the Superior Court, before Rockwell, J., the facts were agreed to be substantially as follows : ¡The alleged nuisance was the dwelling-house of the defendants, which stood, at the time of the finding of the indictment, where it had always stood, since it was built about twenty-seven years before, and during all this time it had been uninterruptedly occupied by the defendants, or their tenants. The highway in question was widened and relocated by the county commissioners of Berkshire, in 1852, and one of the east lines of the…
1Opinion of the CourtAmes, J.
As we understand this bill of exceptions, which purports to present substantially all the facts of the case, it was an error to direct the jury to return a verdict of guilty. The only nuisance to the highway, imputed to the defendants, consisted in their omission to remove their dwelling-house from its ancient position, to a spot outside of the limits of the way as widened and relocated. Whenever a highway is laid out or widened, it is the duty of the county commissioners to allow to the owner of land taken as a part of such highway a reasonable time in which to take off his timber, wood or…
2Cited by8 opinions
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Broderick v. Department of Mental DiseasesMassachusetts Supreme Judicial Court · 1928
- Metcalf v. WeedSupreme Court of New Hampshire · 1889
- Murray v. County of NorfolkMassachusetts Supreme Judicial Court · 1889
- Everett v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
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