Hartshorn v. County of Worcester
Massachusetts Supreme Judicial Court
Petitions to the Superior Court for juries to assess damages alleged to have been caused to the petitioners’ estates by the laying out of a highway in Worcester.
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Petitions to the Superior Court for juries to assess damages alleged to have been caused to the petitioners’ estates by the laying out of a highway in Worcester. Each petition alleged that the petitioner was seised in fee of a parcel of land with a dwelling-house thereon, situate in Worcester, “ on the southerly side of Chandler Street, and extending to the central line thereof; ” that certain persons petitioned the county commissioners “ that the new highway ” “ which term!notes on or near said Chandler Street should be thence extended and laid out over said Chandler Street; ” that the…
1Opinion of the CourtColt, J.
It was insisted at the argument that no damages could be assessed in these proceedings, because no part of the petitioners’ lands were taken for the highway which was laid out over Chandler Street by the county commissioners. But each petition for a jury alleges, and the answer thereto admits, that the county commissioners laid out a new highway over Chandler Street. Each petition also alleges that the petitioner’s title extended to the central line of Chandler Street, and the allegations are neither admitted nor denied in the anwers. There is nothing in the record or the bill of exceptions…
2Cases cited1 opinion
- Woodcock v. FarrellCourt of Appeals of Kentucky · 1858
3Cited by8 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
- Woodbury v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1891
- Buell v. County of WorcesterMassachusetts Supreme Judicial Court · 1876
- Kennedy v. CommonwealthMassachusetts Supreme Judicial Court · 1957
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