Albro v. City of Fall River
Massachusetts Supreme Judicial Court
Petition, under Pub. Sts. c. 52, §§ 15,16, for damages caused by the raising of the grade of Lincoln Avenue in Fall River.
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Petition, under Pub. Sts. c. 52, §§ 15,16, for damages caused by the raising of the grade of Lincoln Avenue in Fall River. Trial in the Superior Court, before Fessenden, J., who stated that a single question which in certain aspects might be considered by the full court as material to the case was whether the surveyor of highways, when he made the change of grade, intended to perform that act in his official capacity to repair the way, or as specific repairs under and by authority of the orders introduced in evidence, and submitted the following question to the jury, “ Was the work done by…
1Opinion of the CourtBarker, J.
In the year 1897 the street in front of the petitioner’s lot was raised between three and four feet, and the petitioner was damaged thereby to the amount of $1,163. These damages she now seeks to recover. Her petition for damages was filed with the mayor and aldermen after the commencement of the work and within one year from its completion. The mayor and aldermen made no adjudication upon it, and she filed the present petition within one year from the expiration of thirty days from the time of filing her petition to the mayor and aldermen, but more than one year after the completion of the…
2Cases cited4 opinions
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- Sullivan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1887
- Brady v. City of Fall RiverMassachusetts Supreme Judicial Court · 1876
- City of Cambridge v. County CommissionersMassachusetts Supreme Judicial Court · 1878
3Cited by7 opinions
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- McSorley v. Town of HancockMassachusetts Appeals Court · 1981
- L'Huilier v. City of FitchburgMassachusetts Supreme Judicial Court · 1923
- Frost Coal Co. v. City of BostonMassachusetts Supreme Judicial Court · 1927
- Hafey v. CommonwealthMassachusetts Supreme Judicial Court · 1905
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