Kinsman v. City of Cambridge
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed October 26, 1874, for a jury to assess damages occasioned to the petitioner’s land by the widening of Watson Street in Cambridge.
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Petition to the Superior Court, filed October 26, 1874, for a jury to assess damages occasioned to the petitioner’s land by the widening of Watson Street in Cambridge. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court on appeal, on an agreed statement of facts in substance as follows: On December 6, 1873, the city council of Cambridge passed an order to widen Watson Street, and awarded damages which were not satisfactory to the petitioner. The city did not actually enter upon and take the land of the petitioner until August 1, 1874. No…
1Opinion of the Court
By the Court.
The St. of 1874, c. 341,* cannot be construed as reviving a right of action which was' barred before its *559passage. Wright v. Oakley, 5 Met. 400. Loring v. Boston, 12 Gray, 209. It is unnecessary, therefore, to consider the other grounds of defence. Judgment affirmed.
Section 1 of this act, which took effect upon its passage, June 18, 1874, is as follows: “Ha person aggrieved by the indemnity awarded to him, or by *559the assessment of his damages sustained by the laying out, widening, altering, relocating or discontinuance of any highway, street, town way, foot way or private way,…
2Cited by12 opinions
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