Brady v. City of Fall River
Massachusetts Supreme Judicial Court
Petition to the Superior Court, filed May 15,1875, for a jury to assess the damages occasioned to the petitioner’s estate by changing the grade of Brownell Street in Fall River.
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Petition to the Superior Court, filed May 15,1875, for a jury to assess the damages occasioned to the petitioner’s estate by changing the grade of Brownell Street in Fall River. Hearing before Brigham, C. J., without a jury, who allowed a bill of exceptions, in substance as follows; Brownell Street had long been used and travelled upon by the public before 1870. In that year the street was laid out and accepted by the city, the following report of the mayor and aider-men having been accepted by the common council and the board of aldermen: “ This board having been petitioned by E. P. Emery…
1Opinion of the CourtColt, J.
The work done upon Brownell Street in 1874 bv the superintendent of streets was not a change of grade, within the meaning of the statute which gives compensation to one who sustains damage in his property caused by raising the highway for the purpose of repairs, to be had upon petition to the selectmen or mayor and aldermen, within one year from the completion of the work. Gen. Sts. c. 44, §§ 19, 20.
The street was first laid out by the mayor and aldermen as a public highway in 1870. In their report of the location, after giving the boundaries, they expressly refer for further description to “…
2Cases cited1 opinion
- Snow v. Inhabitants of ProvincetownMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Sheldon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- McSorley v. Town of HancockMassachusetts Appeals Court · 1981
- Rand v. City of BostonMassachusetts Supreme Judicial Court · 1895
- Wooley v. City of Fall RiverMassachusetts Supreme Judicial Court · 1915
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