O'Donnell v. Inhabitants of Clinton

This is a petition for the assessment of damages caused by taking land for a town way, including damage to the petitioner’s house. Pub. Sts. c. 49, §§ 79, 105. The petitioner before filing his petition had accepted two hundred dollars awarded by the road commissioners, and had set his mark to a receipt prepared by them acknowledging full payment of all claims. The respondent asked a ruling that this settlement was a bar, which was refused, and the respondent excepted.

The petitioner’s evidence tended to show that he could not read, and that the road commissioners knew of his inability; that at…