Barker v. City of Taunton
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess the ° damages to the petitioner’s estate by lowering the grade of Winthrop Street and High Street, in the city of Taunton. At the trial before a sheriff’s jury, it appeared that the petitioner had for many years been the owner of an estate, on which he lived, on the westerly side of Winthrop Street, and that on November 8, 1873, he purchased an adjoining estate on the corner of AV inthrop Street and High Street.
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Petition to the county commissioners for a jury to assess the ° damages to the petitioner’s estate by lowering the grade of Winthrop Street and High Street, in the city of Taunton. At the trial before a sheriff’s jury, it appeared that the petitioner had for many years been the owner of an estate, on which he lived, on the westerly side of Winthrop Street, and that on November 8, 1873, he purchased an adjoining estate on the corner of AV inthrop Street and High Street. The petition for damages for the change of grade of Winthrop Street was presented to the mayor and aldermen on July 1,1874.…
1Opinion of the CourtColt, J.
The petitioner claims damages for the act of the city in reducing the grade of two streets. At the trial' before the sheriff’s jury, he put in evidence an order passed in July, 1871, establishing the grade of Winthrop Street, followed by an order in September, 1873, for the construction of a sidewalk in that street; and also by an order in May, 1874, for the construction of sidewalks on High Street.
It was in evidence, that, under the order of 1871, work on Winthrop Street was carried on through the year and into the summer and fall of 1872, when the street in front of the petitioner’s…
2Cases cited1 opinion
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