Lawrence v. Inhabitants of Nahant
Massachusetts Supreme Judicial Court
Bill in equity, filed August 28, 1882, against the town and the selectmen of Nahant, to restrain the defendants from the occupation of land of the plaintiff in said town.
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Bill in equity, filed August 28, 1882, against the town and the selectmen of Nahant, to restrain the defendants from the occupation of land of the plaintiff in said town. Hearing before W. Allen, J., who reported for the consideration of the full court the following case : In February, 1882, the town of Nahant voted to lay and make common sewers therein according to certain plans; and some of the acts complained of were done by the defendant selectmen, in constructing such sewers. The defendants justified on the ground that the acts were done within the limits of a town way laid out by the…
1Opinion of the CourtField, J.
The acts done were within the limits of a town way, which the plaintiff contends was not legally laid out, because no sufficient notice of the intention of the selectmen to lay it out had been given to him. It is evident from the facts found in the report, that the plaintiff had substantially the same notice and knowledge of the intention of the selectmen to lay out the way that he would have had if the notice he received had been addressed to him, and the selectmen had known that he was the owner of the land. When notice is delivered to the owner in person, it cannot be necessary to post up…
2Cases cited3 opinions
- Whiting v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1870
- Pickford v. Mayor & Aldermen of LynnMassachusetts Supreme Judicial Court · 1868
- Poor v. BlakeMassachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
- Beals v.JamesMassachusetts Supreme Judicial Court · 1899
- Taintor v. Mayor & Aldermen of CambridgeMassachusetts Supreme Judicial Court · 1908
- Wey v. City of HobartSupreme Court of Oklahoma · 1917
- City of Birmingham v. GravesSupreme Court of Alabama · 1917
- Wood v. Town of MiltonMassachusetts Land Court · 1908