Garvey v. Inhabitants of Revere
Massachusetts Supreme Judicial Court
Petition, filed February 14,1901, under Pub. Sts. c. 52, § 15, for damages to a lot of land and buildings of the petitioner on Ocean Avenue in Revere from the raising of the grade of that avenue on or about August 1, 1900. At the trial in the Superior Court before Harris, J. the jury returned a verdict for the petitioner and assessed the damages in the sum of $775. The respondent alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtLathrop, J.
1. The first question presented is whether the petition was properly filed with the selectmen. The evidence was that the petition was taken to the office of the board of selectmen in the town hall at Revere, at a time when the board was not in session, and was handed to one Andrews, who was a member of the''board of selectmen, in the presence of two other members of the board. We are of opinion that this was sufficient. The petitioner had done all that she could do, and if the selectmen failed to make a record of the fact of the filing, or otherwise failed in their duty, such failure cannot…
2Cases cited7 opinions
- Sisson v. City of New BedfordMassachusetts Supreme Judicial Court · 1884
- McManus v. Inhabitants of WestonMassachusetts Supreme Judicial Court · 1895
- Orne v. BarstowMassachusetts Supreme Judicial Court · 1900
- Underwood v. City of WorcesterMassachusetts Supreme Judicial Court · 1900
- Proctor v. StoneMassachusetts Supreme Judicial Court · 1893
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3Cited by6 opinions
- City of St. Louis Park v. EngellSupreme Court of Minnesota · 1969
- Gregg v. SandersSupreme Court of Arkansas · 1921
- Kane v. Town of HudsonMassachusetts Appeals Court · 1979
- Director of the Division of Water Pollution Control v. Town of UxbridgeMassachusetts Supreme Judicial Court · 1972
- Textile Banking Co. v. Melrose Organ Studios, Inc.Massachusetts District Court, Appellate Division · 1967
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