Hester v. City of Brockton

The question to be decided in the case at bar is this: Has the Superior Court jurisdiction to allow an amendment of an action of law in tort, brought within one year after the entry by a city upon a private way laid out as a public way, to recover damages caused thereby to the plaintiff’s land abutting on the way, into a petition for the assessment of such damages by a jury, under G. L. c. 79, *42when the motion to amend is not filed until after the expiration of one year from the date of such entry? The trial judge ruled that, as matter of law and not as matter of discretion, the court had no…