Willard v. City of Boston
Massachusetts Supreme Judicial Court
Petition, filed April 6, 1888, by Charles E. Willard, Caroline I. Abbott, and Carrie F. Abbott, to the Superior Court, for a jury to assess- the damages for the taking of land for a highway in Boston.
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Petition, filed April 6, 1888, by Charles E. Willard, Caroline I. Abbott, and Carrie F. Abbott, to the Superior Court, for a jury to assess- the damages for the taking of land for a highway in Boston. The petition alleged that Willard, who was an insane person and appeared by his duly appointed guardian, and the Abbotts, at the date of the taking were together the owners in fee of the land in question, which was described by metes and bounds, together with a wharf and buildings thereon, Willard owning one undivided half of it and the Abbotts together owning the other undivided half; that…
1Opinion of the CourtMorton, C. J.
This is a petition under chapter 49 of the Public Statutes, for the assessment of damages for land taken for a highway. The only question argued is whether the proceedings upon it should be conducted under § 18 of that chapter, or under § 20 and the following sections. This question is not properly before us on a motion to dismiss the petition. The allegation in the petition that § 18 of the statute is applicable to the case is not an allegation of a substantive fact which would prevent the court from entertaining the petition, although it might hold that the subsequent proceedings should be…
2Cited by7 opinions
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- Galeano v. City of BostonMassachusetts Supreme Judicial Court · 1907
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