Wooley v. City of Fall River
Massachusetts Supreme Judicial Court
Petition, filed on May 22,1912, for the assessment of damages to the petitioners’ real estate from the laying out of West Slade Street in Fall River and the raising of the grade of that street. In the Superior Court the case was tried before McLaughlin, J. The evidence is described in part in the opinion.
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Petition, filed on May 22,1912, for the assessment of damages to the petitioners’ real estate from the laying out of West Slade Street in Fall River and the raising of the grade of that street. In the Superior Court the case was tried before McLaughlin, J. The evidence is described in part in the opinion. James E. Wooley, one of the petitioners, testified that he was a part owner of the land and had lived on it off and on for sixteen years, that a photograph, which was offered in evidence by the petitioners, was taken by him about fifteen years before the trial, and that “no one ever touched…
1Opinion of the CourtDe Courcy, J.
The petitioners owned two adjoining forty-five-foot lots on the southerly side of a private way now known as Slade Street in Fall River. The front portion of the westerly lot was practically on a level with the street, but the easterly lot sloped from west to east so that the northeasterly corner was from fifteen to eighteen inches below the surface of the way. Slade Street was laid out as a public way and its grade established by the city of Fall River on June 21, 1911. The city authorities entered upon the land on April 5,1912, and proceeded to work the street to grade. They ceased work…
2Cases cited9 opinions
- Everson v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1911
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Shea v. HudsonMassachusetts Supreme Judicial Court · 1895
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
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3Cited by10 opinions
- Menici v. Orton Crane & Shovel Co.Massachusetts Supreme Judicial Court · 1934
- Rubin v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1951
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- Valentino v. CommonwealthMassachusetts Supreme Judicial Court · 1952
- Barnes v. CommonwealthMassachusetts Supreme Judicial Court · 1940
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