Walker v. Inhabitants of West Boylston
Massachusetts Supreme Judicial Court
Petition to the Superior Court, under the Gen. Sts. a. 44, §§ 19, 20, for a jury to assess the damages occasioned to the plaintiff’s estate by a change of grade in a highway in the respondent town. 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, the material parts of which appear in the opinion.
1Opinion of the CourtColt, J.
The application of the petitioner, for damages occa sioned by a change of grade in the highway, was made to the selectmen of West Boylston, and not to the road commissioners of that town. The provisions of the St. of 1871, o. 158, entitled, “An act to provide for the election of road commissioners,” hjad been accepted, and commissioners duly elected by the town, before the grade of the highway was changed.
It is no objection to the legality of the election, that the commissioners were chosen at a special meeting called for that purpose, to serve for the term of one, two and three years. The…
2Cases cited1 opinion
- Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
3Cited by3 opinions
- Wood v. JewellMassachusetts Supreme Judicial Court · 1881
- Simpson v. City of North AdamsMassachusetts Supreme Judicial Court · 1899
- Dziembowski v. StochajMassachusetts Supreme Judicial Court · 1934