Brigham v. County of Worcester
Massachusetts Supreme Judicial Court
Petition to the Superior Court, under the Pub. Sts. e. 49, § 13, against the county and city of Worcester1, for a jury to assess the damages to the petitioner’s land by the relocation of Grove Street in that city.
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Petition to the Superior Court, under the Pub. Sts. e. 49, § 13, against the county and city of Worcester1, for a jury to assess the damages to the petitioner’s land by the relocation of Grove Street in that city. At the trial before Aldrich, J., it appeared in evidence, by the record of the county commissioners, that, in pursuance of a vote passed by the city council, the mayor of Worcester petitioned the county commissioners for a relocation of a highway wholly therein, called Grove Street; that, after due notice and proceedings, the county commissioners ordered that the prayer of the mayor…
1Opinion of the CourtC. Allen, J.
The language of the order of the county commissioners does not in terms impose upon the city the duty of paying land damages, if there should prove to be any, and it certainly is not felicitously chosen to express that idea; but looking at it in the light of the circumstances, we think it will and must bear that construction.
The proceedings were instituted under the Pub. Sts. c. 49, § 18, which authorize the county commissioners to locate anew a road within a- town (or city; Pub. Sts. c. 3, § 3, cl. 23; c. 28, § 2;) and the mayor of Worcester petitioned for the relocation of the street in…
2Cases cited1 opinion
- Gilman v. City of HaverhillMassachusetts Supreme Judicial Court · 1879
3Cited by6 opinions
- Burrage v. County of BristolMassachusetts Supreme Judicial Court · 1911
- Simonds v. City of BarabooWisconsin Supreme Court · 1896
- Erslew v. New Orleans & Northeastern RailroadSupreme Court of Louisiana · 1896
- Inhabitants of Watertown v. County Commissioners of MiddlesexMassachusetts Supreme Judicial Court · 1900
- Hurley v. Inhabitants of South ThomastonSupreme Judicial Court of Maine · 1909
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