Dean v. City of Lowell
Massachusetts Supreme Judicial Court
Two petitions to the county commissioners for a jury to assess damages for the taking of lands of the petitioners, under an order of the city council of Lowell, passed on November 13, 1877, defining or locating anew the lines of Chelmsford Street. The cases were tried together before a sheriff’s jury, and certain evidence offered by the petitioners was admitted against the respondent’s objection, and certain evidence offered by the respondent was excluded.
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Two petitions to the county commissioners for a jury to assess damages for the taking of lands of the petitioners, under an order of the city council of Lowell, passed on November 13, 1877, defining or locating anew the lines of Chelmsford Street. The cases were tried together before a sheriff’s jury, and certain evidence offered by the petitioners was admitted against the respondent’s objection, and certain evidence offered by the respondent was excluded. The jury returned a verdict in each case for the petitioners. The verdicts were returned to, and accepted by, the Superior Court; and the…
1Opinion of the CourtColburn, J.
The way in question, now Chelmsford Street, was laid out by the commissioners of highways for the county of Middlesex, on September 26, 1827, the southeasterly line thereof being described by courses, distances, stakes and stones.
On November 20, 1849, the city council of Lowell passed a resolution defining the line of Chelmsford Street opposite the petitioners’ lands and fixing the grade of the street. ;
On July 7, 1850, the city of Lowell, by its committee on streets, authorized by a vote of the city council, presented a petition to the county commissioners, representing that the boundary…
2Cases cited5 opinions
- Peck v. DennistonMassachusetts Supreme Judicial Court · 1876
- White v. GodfreyMassachusetts Supreme Judicial Court · 1867
- Woodcock v. FarrellCourt of Appeals of Kentucky · 1858
- Inhabitants of Hyde Park v. County CommissionersMassachusetts Supreme Judicial Court · 1875
- O' Connell v. BryantMassachusetts Supreme Judicial Court · 1877
3Cited by13 opinions
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1907
- McKenzie v. GleasonMassachusetts Supreme Judicial Court · 1904
- Hamlin v. Pairpoint Manufacturing Co.Massachusetts Supreme Judicial Court · 1886
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Henderson v. HattermanIllinois Supreme Court · 1893
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