Tobey v. City of Taunton
Massachusetts Supreme Judicial Court
Petition by the heirs of Joshua B. Tobey to the county commissioners for a jury to assess damages for the taking of land, on the corner of Main Street and Trescott Street in the City of Taunton, by the respondent, to lay out Trescott Street. At the trial before a sheriff’s jury it appeared that by the laying out of Trescott Street twenty-one arid one quarter feet of the petitioners’ land on Main Street was taken and about twelve feet on the rear line.
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Petition by the heirs of Joshua B. Tobey to the county commissioners for a jury to assess damages for the taking of land, on the corner of Main Street and Trescott Street in the City of Taunton, by the respondent, to lay out Trescott Street. At the trial before a sheriff’s jury it appeared that by the laying out of Trescott Street twenty-one arid one quarter feet of the petitioners’ land on Main Street was taken and about twelve feet on the rear line. The land of the petitioners was conveyed to Joshua B. Tobey by Samuel T. Tisdale on November 1,1856. The respondent, for the purpose of showing…
1Opinion of the CourtDevens, J.
The two instructions, given at the request of the respondent and of the petitioners respectively, were important as affecting the value of the land, and are inconsistent with each other. They cannot be reconciled by construing the first as a ruling that a right of way existed, and the second as a ruling that this right did not depend upon the deed of Tisdale to the Central Christian Society, in which case, the petitioners contend that, even if the sheriff erred in the latter instruction, the verdict should not be set aside, as it was an error only in stating how the rights of the society were…
2Cases cited2 opinions
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- Schreck v. BlunSupreme Court of Georgia · 1908
- Oldfield v. SmithMassachusetts Supreme Judicial Court · 1939
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