Wilson v. Inhabitants of Beverly
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 43, § 73, to the county commissioners of Essex, by the owners of land taken for a town way by the selectmen of Beverly, praying for a reassessment of their damages and an alteration of the way so as “ to carry it. a considerable distance to the north of its present location,”, and for a jury to determine the matter of their complaint.
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Petition under the Gen. Sts. c. 43, § 73, to the county commissioners of Essex, by the owners of land taken for a town way by the selectmen of Beverly, praying for a reassessment of their damages and an alteration of the way so as “ to carry it. a considerable distance to the north of its present location,”, and for a jury to determine the matter of their complaint. A jury was ordered accordingly, and returned into the superior court a verdict reassessing the damages and altering the way. The respondents filed a motion to set aside the verdict, which the court overruled and accepted the…
1Opinion of the CourtChapman, C. J.
The petitioners pray for an increase of damages, and for an alteration in the way by carrying it a considerable distance to the north of its location by the selectmen of Beverly. The jury would have no authority to remove the road, or any part of it, to the land of another proprietor. They could only make minor alterations, limited to the land of the petitioners, and thus render the way less burdensome to them by avoiding buildings, wells, orchards, gardens, or the like. Merrill v. Berkshire, 11 Pick. 269, 275. Gloucester v. County Commissioners, 3 Met. 375, 377. The jury have, in their…
2Cases cited1 opinion
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